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2019 Supreme(Ker) 553

A.HARIPRASAD, T.V.ANILKUMAR
K. Hassan Koya S/O. Konnari Ibrahim Kutty Haji – Appellant
Versus
James George – Respondent


Advocates Appeared:
For the Petitioner: Sri. Biju Abraham, Sri. B.G. Bhaskar, Advs.
For the Respondent: Kum. Anagha Lakshmy Raman, Adv. Sri. Legith T.Kottakkal, Adv. Sri. K.B. Sivaramakrishnan, Adv. Sri.S.Vinod Bhat, Adv.

ORDER :

T.V. ANILKUMAR, J.

Concurrent orders of eviction of the revision petitioner under Section 11(8) of Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') passed by the Rent Control Court and Rent Control Appellate Authority, Kozhikode, are challenged by him in this revision. There were other grounds of eviction also taken against the revision petitioner under Sections 11(2)(b), 11(4) (ii) and 11(3) but all except Section 11(3) were considered and rejected by the Rent Control Court on merits. Ground under Section 11(3) of the Act was not pressed by the landlords at the trial itself and resultantly petition for the eviction under that Section was dismissed as withdrawn.

2. The revision petitioner/tenant challenged the order of Rent Control Court in R.C.P.No.215/15 dated 25.1.2017 in R.C.A.No.53/2017 while the respondents/landlords chose to accept the dismissal of petition under Sections 11(2)(b), 11(4)(ii) and 11(3) of the Act as final. The Appellate Authority, Kozhikode, concurred with the order of eviction passed under Section 11(8) of the Act and dismissed R.C.A.No.53/2017 by its impugned order dated 5.1.2018.

3. The revision petitioner is conducting 'Jass M

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