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2016 Supreme(Ker) 701

K.T.SANKARAN, A.M.BABU
POOMKUDY AUTO SERVICE (P) LTD. – Appellant
Versus
PARSHANTH RAGHUVARAN – Respondent


Advocates Appeared:
For the Petitioner: SRI. A. BALAGOPALAN, SRI. A. RAJAGOPALAN, SRI. M.N. MANMADAN, SRI. M.S. IMTHIYAZ AHAMMED, SMT. P. SEENA, ADVS.
For the Respondent: SRI. R. PADMARAJ, CAVEATOR, ADV., SRI. P.J. ANTONY JOSEPH MARIADAS, ADV., SRI. R. AJITH KUMAR [V.K. EDOM], ADV., SMT. M.K. SAMYUKTHA, ADV.

ORDER :

A.M. Babu, J.

1. Misjoinder of parties and causes of action. This is one of the matters involved in this revision.

2. Two landlords sought the eviction of their common tenant. Only one petition was filed. It was filed under Section 11(3), 4(iii) and (8) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'). The ground under Section 11(8) was withdrawn by the landlords. The ground under Section 11(4)(iii) was rejected by the Rent Control Court. The ground under Section 11(3) was decided in favour of the landlords. The tenant was directed to vacate. The tenant appealed. The Appellate Authority dismissed the appeal. The tenant is in revision.

3. Parties are referred to in this order either as landlords and tenant or as they are shown in the rent control petition.

4. The case of the landlords on their need for own occupation is stated below: The rooms shown in the 'A' and 'B' schedules to the petition are two adjacent rooms. The 1st petitioner owns the 'A' schedule room. The 'B' schedule room is the second petitioner's. Both the rooms are in the occupation of a common tenant. The landlords need vacant possession of both the rooms. They propose to do the business




























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