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2014 Supreme(Ker) 829

K.T.SANKARAN, P.UBAID
Ernakulam Wholesale District Co. operative Store E. 122 – Appellant
Versus
Subramanyam – Respondent


Advocates Appeared:
For the Appellant : P.B. Ajoy
For the Respondents: T.B. Thankappan, T.T. Harikumar, Rahul Shenoy, Ashish Vidyadharan

ORDER :

K.T. Sankaran, J.

The question involved in this Rent Control Revision is whether an order summarily rejecting an application under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short) is appealable under Section 18 (1) (b) of the Act.

2. The respondent-landlord filed the Rent Control Petition under Section 11 (3) of the Act. In the Rent Control Petition itself, mention was made about RCP No.126 of 1994 filed by the landlord and others on an earlier occasion. The tenant entered appearance in the present case and raised a contention that the present Rent Control Petition is hit by Section 15 of the Act.

3. The Rent Control Court, on a perusal of the pleadings and documents, found that the landlord had filed R.C.P. No. 126 of 1994 under Section 11 (3) of the Act and that application was dismissed. The appeal therefrom was also dismissed. In revision, as CRP No. 2427 of 2002, this Court directed the tenant to vacate a portion of the building. The Rent Control Court in the present case found that even according to landlord, the petition schedule building in the present Rent Control Petition is that part of the bui


















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