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2018 Supreme(Ker) 211

C.T.RAVIKUMAR, MARY JOSEPH
VINOD, S/O. KUNHIRAMAN – Appellant
Versus
K. K. MUJEEB, S/O. M. C. ABDUL MAJEED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. K.R. AVINASH (KUNNATH), SRI. ABDUL RAOOF PALLIPATH, SRI. E. MOHAMMED SHAFI.

ORDER :

Mary Joseph, J.

The Revision Petitioner is the first respondent in RCP No.232/2004 on the files of the Rent Control (Additional Munsiff) Court, Kannur and the appellant in RCA No.119/2012 on the files of the Rent Control Appellate Authority (Additional District Judge-II), Thalassery. He has approached this Court in this revision against the concurrent findings of the said Courts on the bona fide need and order of eviction passed on its basis under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). Before entering into a consideration of the contentions, it is apposite to have an understanding of the factual matrix of the case. The parties to this Revision Petition shall, for the purpose of the case will be referred to hereinafter as 'the landlord' and 'the tenants'.

2. The landlords are co-owners of the tenanted premises, more particularly described in the schedule to R.C.P. No.232/2004 as the petition schedule building and one Mukundan was holding the property in tenancy on a monthly rent of Rs.200/-. He was a bachelor and he died. Thereafter, one Vinod, his nephew continued possession of the petition schedule building, but failed



















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