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2014 Supreme(Ker) 428

K.T.SANKARAN, ANIL K.NARENDRAN
P. T. Santhosh Babu – Appellant
Versus
Jayabharatham Nursing Home (Pvt) Limited represented by its Managing Director Dr. P. T Rajan Babu – Respondent


Advocates Appeared:
For the Petitioner:B. Krishna Mani, Advocate.
For the Respondent:V.V. Raja, M.T. Sureshkumar, Advocates.

Judgment :

Anil K. Narendran, J.

1. The revision petitioner is the tenant. The respondent-landlord has filed R.C.(OP)No.2/1996 before the Rent Control Court, Punalur, under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act') seeking an order to evict the revision petitioner-tenant from the petition schedule building.

2. Going by the averments in the Rent Control Petition, the respondent-landlord is a private Company limited by shares incorporated under the Companies Act, 1956 and is represented by its Managing Director. It is the lawful owner, possessor and landlord of the petition schedule rooms bearing No.PMC-XIII/298 with its furnishings, fittings, fixtures and appurtenances. The revision petitioner-tenant is in occupation of the petition schedule rooms by virtue of Exhibit A1 lease deed executed on 15.1.1993, on a monthly rent of Rs.1,000/-. The tenant intentionally defaulted payment of rent from August, 1993. In spite of repeated demands, the tenant failed to pay the rent due. Therefore, the landlord caused to issue Exhibit A3 lawyer notice on 29.5.1995. Since the tenant failed to clear the rent arrears in respect





















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