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2014 Supreme(Ker) 612

K.T.SANKARAN, A.MUHAMED MUSTAQUE
Janakiamma – Appellant
Versus
Bhaskaran Nambiar – Respondent


Advocates Appeared:
For the Petitioners:K. Ramachandran, P. Ramachandran, Advocates.
For the Respondent:Rajit, Advocate.

JUDGMENT

A. MUHAMED MUSTAQUE, J.

1. These revision petitions are filed by the tenants. The landlord is the respondent in all these revision petitions. The landlord approached the Rent Control Court seeking eviction of the tenants. One of the common grounds on which eviction was sought is under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act). Though eviction was sought under other grounds as well against some of the tenants, that question does not arise for consideration in these revision petitions, as these revision petitions arise only from the order passed by the Appellate Authority reversing the finding rendered under Section 11(3) of the Act by the Rent Control Court.

2. The Rent Control Court dismissed the rent control petitions under Section 11(3) of the Act on finding that the need put forward by the landlord is for residence after reconstruction of the tenanted premises and since there are no pleadings in the rent control petitions regarding reconstruction, the landlord is not entitled for eviction. The Appellate Authority reversed the said finding and found that the claim under Section 11(3) of the Act is maintainable, even if




















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