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2017 Supreme(Ker) 775

K.HARILAL, P.SOMARAJAN
K. N. Narayanan – Appellant
Versus
Khadeeja – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.P. Mohammed Nias, N. Sadique
For the Respondents: N. Manoj Kumar, Jayasree Manoj

JUDGMENT :

P. Somarajan, J.

1. The tenant, in revision, challenges the order passed by the Rent Control Appellate Authority under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'), mainly on the reason that the petitioner, who initiated eviction proceedings before the Rent Control Court, was not having title or ownership over the property and that she could not maintain an application for eviction under Section 11(3) of the Act. The Rent Control Court upheld the objection and dismissed the R.C.P. under Sections 11(2)(b), 11(3) and 11(4) of the Act. It was taken up in appeal before the Rent Control Appellate Authority, Kalpetta, in R.C.A.No.12/2013 and the finding of the Rent Control Court was reversed by the First Appellate Authority holding that in view of subsequent impleadment of the petitioner's daughter, in whose favour she had given the property, the petition became the one initiated by the lawful owner as the impleadment and consequential amendment, if otherwise not ordered, would revert back to the date of petition and found that the petitioner had established the ground under Section 11(3) of the Act. Accordingly, an order of evic
















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