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2018 Supreme(Ker) 964

K HARILAL, ANNIE JOHN
Sunny Padamadan Rafael @ Sunny Padamadan – Appellant
Versus
Vijaya Shenoy – Respondent


ORDER :

K.Harilal, J.

1. The revision petitioner is the tenant, who is confronting with an order of eviction, passed concurrently under Sections 11(3) and 11(4)(iii) of the Kerala Buildings (Lease & Rent Control Act), 1965 [Hereinafter referred to as, 'the Act]. (The parties are referred to as in the Rent Control Petition).

2. The petitioner filed RCP.No.136/2016 before the Rent Control Court, Ernakulam under Sections 11(3), 11(4)(i) and 11(4)(iii) of the Act. According to the petitioner, she bona fide needs the petition schedule building for starting a hardware shop. The petition schedule building is a portion of the ground floor of the building by name, Radhakrishna building, Cloth Bazar Road, Ernakulam. The entire ground floor having a total area of 1600 Sq.ft. belongs to the petitioner. She is in possession of the rest of the area on the ground floor having 1200 Sq.ft., which was earlier in the possession of a tenant, and now she got vacant possession of the said portion in June, 2016. According to her, she wants to start the aforesaid Hardware and Cement shop, using the entire ground floor. It is alleged that the portion of the building, which is in her possession, is having no r




























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