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2017 Supreme(Ker) 656

K.HARILAL, RAJA VIJAYARAGHAVAN V.
M. Abdul Kareem Son of Kunhammed Haji – Appellant
Versus
P. Muhammed Shafi Son of Abdul Rahiman Haji – Respondent


Advocates Appeared:
For the Petitioner: Sri. D. Krishna Prasad, Smt. S. Santhy
For the Respondent: Jawahar Jose

JUDGMENT :

K. Harilal, J.

The petitioner is the landlord who filed Ext.P1 Rent Control Petition seeking an order of eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (for short, 'the Act'). After filing Ext.P1 Rent Control Petition, he filed Exts.P3 & P5 applications for amending Ext.P1 and appointing an Advocate Commission. After considering Exts.P4 & P6 objections, the Rent Control Court passed Exts.P7 & P8 orders. The legality and correctness of the findings whereby Exts.P3 & P5 stand rejected, are challenged in this Original Petition (RC).

2. According to the petitioner, originally, the Rent Control Petition was filed under Sections 11(2)(b) and 11(3) of the Act. Subsequently, after filing the petition, the respondent has acquired possession and occupied three other shop rooms in the same locality and thereby, he is entitled to get eviction under Section 11(4)(iii) of the Act also. In that circumstance, he has preferred Ext.P3 application under Order 6, Rule 17 of the Code of Civil Procedure (for short, 'the C.P.C.') and Section 23 (1)(j) of the Act to amend the petition, so as to incorporate the grounds under Section 11(4)(iii)


















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