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2009 Supreme(Ker) 1137

PIUS C.KURIAKOSE, P.Q.BARKATH ALI
Narayanan – Appellant
Versus
Tahira – Respondent


ORDER

P.Q. Barkath Ali, J.

1. In this revision under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, the tenant challenges the order of the Rent Control Appellate Authority in RCA 14/2002 dated February 7,2009 setting aside the order of the Rent Control Court (Munsiff), Hosdurg in Rent Control Petition 50/1999 dated January 31,2002 ordering eviction under Section 11 (3) of the Act and remanding the matter to the Rent Control Court for fresh disposal in the light of the amendment of pleadings allowed in the original petition and in the counter statement of the tenant.

2. The landlady who is the revision respondent filed Rent Control Petition 50/1999 before the Rent Control Court (Munsiff), Hosdurg claiming eviction of the petition schedule building under Sections 11 (2) and 11 (3) of the Act on the allegation that the tenant has kept the rent in arrears and that she bona fide needs the building for starting a hotel business for her husband who is a dependent on her. The tenant/revision petitioner resisted the claim for eviction on the ground that there are no arrears of rent and that the bona fide need put forward by the landlady is not genuine. Before the Rent Control














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