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2020 Supreme(Ker) 164

A.HARIPRASAD, N.ANIL KUMAR
Baiju, S/o. Gopinathan – Appellant
Versus
Nazimudheen, S/o. Salahudheen – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.G.P.Shinod, Sri.Ram Mohan.G., Sri.Govind Padmanaabhan, Sri.Ajit G.Anjarlekar
For the Respondent: Sri.Abdul Raoof Pallipath, Sri.Salim V.S., Sri.K.R.Avinash (Kunnath)

JUDGMENT :

A.HARIPRASAD, J.

1. Heard the learned counsel for the petitioner and first respondent.

2. Petitioner is the 3rd respondent in R.C.P. No.2/2018 before the Rent Control Court, Nedumangadu. First respondent/landlord filed an eviction petition urging a ground under Section 11(3) of the Kerala Building(Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act') .

3. Admittedly, the petitioner's father was a tenant under the landlord. Petitioner contended that after the death of his father, he became the tenant of the petition schedule shop room. The plea of denial of title of the 1st respondent over the building raised by the petitioner was found against and an appeal filed against that order is still pending.

4. Ext.P1 is the copy of the eviction petition filed under Section 11(3) of the Act. Ext.P2 is the copy of the objection filed by the petitioner in the eviction petition. It is seen from the records that the petitioner remained absent from the Rent Control Court and the eviction petition was allowed ex parte on 27.07.2019. Ext.P3 is the order of eviction passed against the petitioner on the said date. Thereafter, the petitioner filed Ext.P4 application as I.A. N

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