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2018 Supreme(Ker) 837

K.HARILAL, ANNIE JOHN
Gopala Panicker Baiju – Appellant
Versus
Mallika – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V G Arun, Indulekha Joseph, Neeraj Narayan (Adv.)
For the Respondent: V. Suresh, G Sudheer (Adv.)

JUDGMENT :

K. Harilal, J.

1. The petitioners herein are the tenants and they are the respondents in R.C(OP).No.2/2014 on the files of the Rent Controller/ Principal Munsiff Court, Neyyattinkara. The respondent herein is the landlady and she is the petitioner in the aforesaid R.C(OP). The landlady filed the aforesaid Original Petition under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (Hereinafter referred to as, 'the Act') seeking an order of eviction of the tenants herein from the petition schedule building. Subsequently, the landlady filed a petition under Section 12 of the Act, seeking an order directing the tenants to deposit the admitted arrears of rent. According to the landlady, the rent was due from 01.10.2013 @Rs.2,00,000/- for 11 months. It is also averred that the landlady and the tenants entered into a lease agreement on 07.12.2011, agreeing Rs.2,00,000/- as rent for the petition schedule shop for 11 months from 01.11.2011 and another 2 lakhs was also agreed for the subsequent 11 months, besides one lakh as the earnest money deposit for the petition schedule building. However, the landlady has received only Rs.4,00,000/- towards the rent for the






















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