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2018 Supreme(Ker) 968

K.HARILAL, ANNIE JOHN
Ibrahim – Appellant
Versus
Twinkle – Respondent


Advocates Appeared:
For the Petitioner: K. Jayakumar.
For the Respondents: S. Sreekumar, P. Martin Jose, P. Prijith, Thomas P. Kuruvilla.

ORDER :

1. The revision petitioners are the landlords, and the respondent is the tenant in R.C.P. No. 9/2012 on the files of the Rent Control Court, Ernakulam. The revision petitioners/landlords filed the aforesaid R.C.P. against the respondent under Ss.11(3) and 11(4)(iii) of the Kerala Buildings(Lease and Rent Control) Act, 1965 (‘the Act’ for short) seeking an order of eviction. After considering the objection raised by the respondent/tenant, the Rent Control Court found that the Rent Control Petition is not maintainable, as it is barred by S.11(9) of the Act. Though they had preferred Rent Control Appeal No. 11 of 2014 before the Rent Control Appellate Authority, Ernakulam, the Appellate Authority also concurred with the findings of the Rent Control Court and dismissed the Appeal. Thus, the legality and propriety of the concurrent findings of the courts below, that the Rent Control Petition is not maintainable as it is barred by S.11(9) of the Act, are challenged in this Revision Petition.

2. The parties are referred to as in the Rent Control Petition. According to the petitioners, they are in bona fide need of the petition schedule building for their own occupation, for starting













































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