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2021 Supreme(Ker) 117

A.HARIPRASAD, T.V.ANILKUMAR
Bijimon, S/O. C. G. Vijayan – Appellant
Versus
Udayabhanu, S/O. Vasu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. B. Pramod, Adv.
For the Respondent: Sri. T. Jayakrishnan, Sri.R.Krishnakumar (Cherthala), advs.

ORDER :

Hariprasad, J.

Revision petitioners, who are siblings, filed altogether five petitions seeking eviction of their tenants under Sections 11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, “the B.R.C. Act”) on the grounds of bonafide need for own occupation and reconstruction. According to them, they wanted to construct a multi-storied commercial building as a joint venture after demolishing the existing building. Pursuant to an administrative order, three eviction petitions were retained before the Principal Rent Control Court, Cherthala and two were made over to the Additional Rent Control Court. Petitioners approached the Principal Rent Control Court, Cherthala by filing a petition under Sections 24 and 151 of the Code of Civil Procedure, 1908 (in short, “CPC”) and Section 6(3) of the Kerala Civil Courts Act,1957 (in short, “Act of 1957”) seeking the withdrawal of two petitions from Additional Rent Control Court to the Principal Rent Control Court.

2. After hearing both sides, the Principal Rent Control Court allowed the application for withdrawal of two cases as requested by the petitioners. Principal Rent Control Court rightly found th

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