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2012 Supreme(Ker) 980

M.L.JOSEPH FRANCIS, K.T.SANKARAN
MOHAN, K. – Appellant
Versus
JAYAPRAKASH, K. H. – Respondent


Advocates Appeared:
For the Appellant : P.B. Suresh Kumar, Sri Leo George

JUDGMENT :

K.T. Sankaran, J.

The question involved in this O.P.(R.C.) is whether the Rent Control Court exercising jurisdiction under the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the 'Act') has jurisdiction to add an additional respondent in the Rent Control Petition on the application of the petitioner/landlord. In the present case, it is stated in the Rent Control Petition that the landlord (Jayaprakash) and his friend Lalan jointly purchased the undivided ownership in a property having an extent of 4,372 cents consisting of a two storied building in which several rooms are there. It is also stated in the Rent Control Petition that the landlord also purchased undivided rights and absolute rights in certain adjoining rooms. Similarly, Lalan also purchased some of the rooms and undivided interest in the adjoining lands. In the Rent Control Petition, it is also stated that the landlord and Lalan have bona fide need to conduct a super market in the building. Some of the tenants did not agree to vacate. This necessitated the filing of the Rent Control Petitions to evict the tenants who did not agree to vacate. The tenant in R.C.P. No. 118 of 2009 is K. M









































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