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2019 Supreme(Ker) 457

K HARILAL, ANNIE JOHN
Khadeeja – Appellant
Versus
Haris Haji V. – Respondent


ORDER :

K HARILAL, J.

1. The questions that emerge for consideration in this revision are given below:

1. Whether the denial of landlord-tenant relationship, invariably made in all facts and circumstances, would amount to denial of title, falling under second proviso to Section 11(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 [for short, the Act].

2. Whether the denial of landlord-tenant relationship, without denial of title, would oust the rent control petition from the jurisdiction of the Rent Control Court, by the operation of the second proviso to Section 11(1) of the Act.

2. The revision petitioners are the legal heirs of the deceased original tenant, who died during the pendency of the rent control petition, and got impleaded subsequently in the rent control petition. The respondent herein is the landlord, who filed R.C.P.No.3/2011 against the original tenant under Section 11(2) and 11(3) of the Act, seeking an order of eviction. (The parties are referred to as in the rent control petition).

3. According to the petitioner/landlord, the petition schedule building belongs to him by virtue of a partition deed and at the time of partition, the deceased original tenant w














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