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2011 Supreme(Ker) 1023

PIUS C.KURIAKOSE, N.K.BALAKRISHNAN
Mukreerakath Khadeeja – Appellant
Versus
Krishna Janaki, W/o. Late Muralidharan – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.S. Madhusoodanan
For the Respondent: Sri. T.K. Vipindas

ORDER :

N.K. Balakrishnan, J.

The tenants have filed this revision petition challenging the order of eviction passed by the learned Appellate Authority under Section 11(4)(v) of the Act reversing the order of dismissal of the claim made by the Rent Control Court. The RCP was filed on 23/06/97. The landladies contended that the tenants ceased to occupy the petition schedule building for more than six months without any reasonable cause. The petition schedule building which was leased out to the tenants as per Ext.A1 rent deed is situated in the up-stair portion of a building complex by name K.M.K complex. The tenants are doing business under the name and style "Mahima Fancy" in the adjacent building by name "R.K. Complex". Both buildings belong to the respondents. The petition schedule building was rented out to the tenants as per Ext.A1 to use it as a godown for the business conducted in "Mahima Fancy". A commission was taken out to inspect the petition schedule building. The Commissioner filed Ext.C1 report stating that the petition schedule building was not used for about one year. The very same commissioner was taken to the building after about ten months and then Ext.C2 report wa










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