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2017 Supreme(Ker) 823

K.HARILAL, P.SOMARAJAN
City Co-Operative Hospital by its President – Appellant
Versus
E. V. Luquman – Respondent


Advocates Appeared:
For the Petitioners:V.V. Surendran, P.M. Padmanabhan, P.A. Harish, V.S. Sanika, Advocates.
For the Respondents:T. Sethumadhavan, Sr. Advocate, Pushparajan Kodoth, K. Jayesh Mohankumar, Vandana Menon, N. Deepa, Advocates.

JUDGMENT :

Somarajan, J.

1. The tenant came up in revision aggrieved by the order in I.ANo.1028 of 2013 in R.C.A.No.33 of 2013 of the Rent Control Appellate Authority, Kozhikode.

2. An order was passed under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, “the Act”) by the Rent Control Appellate Authority during the pendency of the Rent Control Appeal. Earlier, I.A.No.4138 of 2010 was filed before the Rent Control Court under Section 12 of the Act, which has ended in an order under Section 12(3) of the Act. It was challenged in R.C.A.No.33 of 2013 before the Rent Control Appellate Authority, Kozhikode, by the tenant. During the pendency of R.C.A.No.33 of 2013 before the Rent Control Appellate Authority, the landlord preferred another application under Section 12 of the Act, I.A.No.1028 of 2013, before the Rent Control Appellate Authority and an order was passed on 21.10.2013 under Section 12(3) of the Act, which is under challenge in this revision.

3. Admittedly, R.C.A.No.33 of 2013 was preferred by the tenant challenging an order passed under Section 12(3) of the Act by the Rent Control Court in R.C.P.No.83 of 2010 dated 18.12.2012, and hence the firs

















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