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2019 Supreme(Ker) 534

A.HARIPRASAD, R.NARAYANA PISHARADI
K. Gopalakrishnan, S/o Kunjiraman – Appellant
Versus
K. Maqbool Sha, S/o Khajamia – Respondent


Advocates Appeared:
For the Appellant : Sri.K.S.Hariharaputhran, Sri.George Mathew, Sri.M.D.Sasikumaran, Sri.Dipu James, Sri.Sethuram Dharmapalan, Smt.Bhanu Thilak, A G Sunilkumar
For the Respondent: Sri.P.B.Krishnan, Sri.P.M.Neelakandan, Sri. P.B.Subramanyan, Sri.Sabu George, Smt.B.Anusree, Sri.Manu Vyasan Peter

ORDER :

A. HARIPRASAD, J.

1. This revision petition is at the instance of the respondent/tenant in Rent Control (O.P.) No.4 of 2012 before the Rent Control Court, Punalur who was ordered to be evicted in a petition filed by the landlord, who is the respondent herein. Grounds of eviction urged are under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (In short, "the Act"). Parties are hereinafter referred to as the landlord and tenant for clarity.

2. Bare minimum pleadings required for our purpose are as follows: Shoproom described in the petition schedule belonged to the landlord's father and on his death, his legal heirs entered into a registered partition vide document No.4455 of 2008 of SRO, Punalur. It is the definite case that in the partition, the petition schedule room was set apart to the landlord. Petition schedule room was let out to the tenant in the year 1982 fixing a monthly rent of Rs.900/-. Tenant is conducting a cycle shop in the room. Landlord is a chartered accountant by profession and he runs a firm by name K.Maqbool Shah & Company for the past several years in an old building on the rear side of the petition schedule room. Lan

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