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2017 Supreme(Ker) 1204

K.HARILAL, P.SOMARAJAN
JOSE P. O. – Appellant
Versus
XAVIER – Respondent


Advocates Appeared:
For the Petitioner:Sri. Dilip J. Akkara, Advocate.
For the Respondent:Sri. K. B. Gangesh, Advocate.

JUDGMENT :

P. SOMARAJAN, J.

1. Aggrieved by the conditions incorporated in the order of stay granted by the Rent Control Appellate Authority, Thrissur, the tenant came up under Article 227 of the Constitution of India challenging the legality and propriety of the said order. Originally, an application under Sections 11(2)(b), 11(3), 11(4)(i) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') was filed by the landlord for evicting the tenants, who are the respondents in the said application. They have suffered an order of eviction under Sections 11(2)(b), 11(3) and 11(4)(v) of the Act, before the Rent Control Court. The prayer for eviction under Section 11(4)(i) was rejected by the Rent Control Court. The order under Section 11(2)(b) was passed subject to the application of Section 11(2)(c) of the Act. Subsequently, the tenants filed an application under Section 11(2)(c) for vacating the order of eviction under Section 11(2)(b) and it is pending. As against the order of eviction under Sections 11(3) and 11(4)(i), an appeal was preferred before the Rent Control Appellate Authority, Thrissur, in R.C.A. No.66/2016 and in that appeal, they moved













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