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2008 Supreme(Ker) 746

P.R.RAMAN, T.R.RAMACHANDRAN NAIR
Chandrasekhara Prabhu A. – Appellant
Versus
Vadakke Parammal Kunhimoideen – Respondent


ORDER

P.R. Raman, J.

1. This revision arises out of a common judgment dated 11/1/2008 in RCANos. 112 & 114/2004 rendered by the Rent Control Appellate Authority. R.C.A. No. 112/04 was filed by the 2nd respondent herein. Both these appeals were preferred challenging the order of the Rent Controller in R.C.P. No.26/99. The Rent Control Appellate Authority dismissed both these appeals. Aggrieved thereby this revision is preferred.

2. The Rent Control Petition was filed by Vadakke Parammal Kunhimoideen in the capacity as the landlord seeking eviction of the respondent (Chandrasekhara Prabhu) alleged to be the tenant of the building under Sections 11 (2), 11 (3), 11 (4)(i) and 11 (4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The petition schedule building and the property in which it situates were obtained by the Rent Control Petitioner in EP.64/95 in O.S. 197/77 of the Sub Court, Thalassery. He obtained delivery of possession of the petition schedule property as per order in E.P.60/97 of the Sub Court, Payyannur. The 1 st respondent (petitioner herein) took the petition schedule building on lease from the prior owner, Cheriya Muhammed Kunhi Haji, on a monthly rent of















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