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2020 Supreme(Ker) 219

C.K.ABDUL REHIM, A.HARIPRASAD, SHIRCY V.
M. Shaji, S/o. Madhavan – Appellant
Versus
S. N. D. P. Sakhayogam No. 610, Punnapra East, Punnapra, Alappuzha District – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.S. Hariharaputhran, Sri. George Mathew Shri. Sunil Kumar A.G.
For the Respondent: Sri. A.N. Rajan Babu(B/O), Sri. R.Azad Babu, Sri. G. Keerthivas

ORDER :

Abdul Rehim, J.

Through an order of reference passed by a Division Bench of this court on 04-12-2015, the above Rent Control Revision Petition is posted for consideration of a Full Bench, for a decision on the issue, whether the Rent Control Court was bound to issue notice to the tenant calling upon him to show sufficient cause as to why further proceedings before that court shall not be stopped and an order of eviction passed, under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short).

2. Brief facts involved are that, the landlord sought eviction of the tenant on the ground of arrears of rent and bonafide need of the tenanted premises for own occupation, under Section 11 (2) (b) and 11 (3) of the Act. During pendency of the proceedings before the Rent Control Court, the landlord filed an interim application under Section 12 of the Act praying for an order directing the tenant to pay the admitted arrears of rent till date, and for continued payment of the rent without default till the final disposal of the rent control petition. The tenant did not file any counter statement / affidavit resisting the applica

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