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2019 Supreme(Ker) 1083

P.UBAID
Jayan Pisharody – Appellant
Versus
T. S. Rajagopalan – Respondent


Advocates Appeared:
For the Appellants :Sri. Tom K. Thomas and Sri. T. Krishnanunni (Senior Advocate).
For the Respondent:Sri. G.S. Reghunath, Advocate.

ORDER :

P. Ubaid, J.

In view of the divergent findings of the two learned Judges of a Division Bench in these two revision petitions brought under Section 20 of the Kerala Building (Lease & Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short), the matter was referred to me for opinion and decision.

2. The revision petitioners in these two revisions are the tenants, and the common respondent in these revision petitions is the landlord. The revision petitioners are the legal heirs of the original tenant R.V. Pisharadi, and the landlord claims right under the original owner (landlady) Subhalekshmi Ammal as her adopted son. The landlord filed R.C.P.No.38/2012 before the Rent Control Court, Thiruvananthapuram (the Additional Munsiff Court for the trial of cases under the Act) claiming eviction under Sections 11(2) (b) and 11(3) of the Act. His case is that, the petition schedule building was let out to the original tenant R.V. Pisharadi by the original owner Subhalekshmi Ammal years back on a monthly rent of Rs. 3,000/-, and the petitioner used to collect rent from the said R.V. Pisharadi, and after his death from the legal heirs, for and on behalf of his mother Subhale

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