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2015 Supreme(Ker) 1390

K.SURENDRA MOHAN, MARY JOSEPH
P. BHARGAVI AMMA – Appellant
Versus
K. P. AJAYAKUMAR – Respondent


Advocates Appeared:
For the Appellant : C. Khalid and Phijo Pradeesh Philip.
For the Respondent:R. Parthasarathy and Rajesh V. Nair, Advocates.

ORDER :

K. SURENDRA MOHAN, J.

1. The tenant is in revision before us challenging the reversing judgment of the Rent Control Appellate Authority, Thalassery, in RCA No.178 of 2012. The landlord had filed RCP No.246 of 2011 before the Rent Control Court, Kannur seeking an order of eviction against the tenant alleging grounds under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short). The ground under Section 11(2)(b) was not pressed by way of an endorsement made before the trial of the Rent Control Petition. Therefore, the Rent Control Petition was tried only on the ground under Section 11(3) of the Act.

2. According to the landlord, the tenanted shop room was needed by him for the purpose of his wife to start a gift house. It is stated in the Rent Control Petition that his wife was conducting the said business in a rented shop room. The business was not doing well and there was no sufficient income even to pay the rent properly. Therefore, it is contended that, the tenanted shop room was the most suitable for the purpose of shifting the said business. The tenant filed objections and contested the Rent Con


















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