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2015 Supreme(Ker) 488

A.HARIPRASAD
K. P. MOOSAKUTTY HAJI – Appellant
Versus
CSI ASCENSION CHURCH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. LIJI.J.VADAKEDOM.
For the Respondent: SRI. JOHN JOSEPH VETTIKAD.

JUDGMENT

Common legal questions arise in both these appeals. Hence they are disposed by this unified judgment. In these appeals by two building tenants against a common landlord (a Church), the dispute is centered around the landlord's entitlement to claim eviction of the buildings on a challenged termination of tenancy. Hereinafter, the parties are referred to as the plaintiffs and defendants, as shown in the trial court proceedings. There are certain admitted basic facts. The defendants in the suits are the tenants under the plaintiffs. They occupy separate rooms in a building owned by the first plaintiff - a Church. Although there was a feeble attempt by the plaintiffs to contend at an earlier point of time that the defendants are not tenants, but only licensees, that contention was given up at the trial stage itself. In this Court also, it is admitted that the jural relationship between the defendants and plaintiffs is a landlord-tenant relationship.

2. Yet another fact that the building owned by the plaintiffs is one exempted from the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965, although disputed by the tenants at the initial stage, is practically admit







































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