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2021 Supreme(Ker) 323

A.MUHAMED MUSTAQUE, KAUSER EDAPPAGATH
Satheesh Kumar – Appellant
Versus
K. Balasubramanian – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. V.T. madhavanunni, Sri.V.A.Satheesh, Advs.

ORDER :

Kauser Edappagath, J.

This revision petition is filed by the tenants, invoking S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short ‘Rent Control Act’), aggrieved by the concurrent findings rendered by the Rent Control Court as confirmed by the Rent Control Appellate Authority.

2. For the sake of brevity, we refer the parties to as the landlord and the tenants. The landlord filed a consolidated Rent Control Petition for eviction on the ground of arrears of rent invoking Section 11(2)(b) of the Rent Control Act and for fixation of fair rent invoking S.5 of the Rent Control Act. It is not in dispute that the petition-schedule building originally belonged to the father of the landlord, which was taken on lease by the predecessor in interest of the tenants in the year 1963 as per Ext. A1 lease deed. It was alleged by the landlord that after the death of his father, the petition-schedule building was set apart to his share by virtue of Ext.A2 partition deed entered into between the legal heirs. It was further alleged that after the death of the predecessor in interest of the tenants, the tenancy right devolved upon the respondents/tenants and they continued as

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