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2015 Supreme(Ker) 1420

K.SURENDRA MOHAN, MARY JOSEPH
K. Ammu – Appellant
Versus
Nafeesa – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. T. Krishnan Unni, Vinod Ravindranath, Saju S.A.
For the Respondents: M/s. Sri. V.K. Beeran, V.P. Reghuraj

ORDER :

K. Surendra Mohan, J.

The tenants are in revision challenging the order of the Rent Control Appellate Authority, Tirur in R.C.A.No.19 of 2013. The Rent Control Appellate Authority, by the order under revision, set aside the order of the Rent Control Court, Parappanangadi in R.C.P.No.30 of 2010, dismissing the Rent Control Petition. The petitioners are conducting a business in timber from the tenanted shop room, which forms part of a larger building that belongs to the respondents. The respondents/landlords sought eviction of the tenants under Sections 11(2), 11(3), 11(4)(ii) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the "Act", for short). According to the landlords, they require the shop room along with the other rooms in the building for the purpose of starting a super market. According to them, many of them have returned to their native land, leaving their employment in the gulf countries. They have no other source of income or building of their own and therefore want to start a supermarket. It was also contended that the tenants had, in their possession, other shop rooms close by, which were sufficient for them to





























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