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2015 Supreme(Ker) 1451

P.N.RAVINDRAN, BABU MATHEW P.JOSEPH
SUBAIR – Appellant
Versus
C. P. KUNHAMI – Respondent


Advocates Appeared:
For the Appellant : Lawrence Dcunha, K. Madhusoodanan, Mathew Bonstane, T.G. Paul, K.C. Joy and Mathew Jacob.
For the Respondent: B. Krishnan and R. Parthasarathy.

ORDER :

P.N. RAVINDRAN, J.

1. The petitioners are the tenants in R.C.P. No. 106 of 2011 on the file of the Rent Control Court, Vatakara. The respondents/landlords instituted R.C.P. No. 106 of 2011 praying for an order of eviction under sections 11(2)(b) , 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as "the Act" for short. The case set out in the rent control petition was that the rent is in arrears from 15.6.2011, that the tenants have not paid the fair rent fixed by the Rent Control Appellate Authority, Vatakara in R.C.A. No. 58 of 2010 with effect from 15.7.2002, that the fourth petitioner in the rent control petition who has lost his employment, bona fide needs the petition schedule building to start a business in furniture, that the tenants have sublet the building and that they have come by possession of another building in the same locality. The tenants opposed the petition for eviction by filing a counter statement wherein they denied and disputed the case set out by the landlords that they bona fide need the building so as to enable the fourth petitioner in the rent control petition to start a business in furniture.











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