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2021 Supreme(Ker) 526

ANIL K.NARENDRAN, M.R.ANITHA
Rafeek S/o Younus Kunju – Appellant
Versus
K. Kamarudeen S/o Kasim Kunju – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: N.D. Premachandran, Sri. D. Ajithkumar.
For the Respondent: Sri. V. Premchand.

ORDER :

1. The revision petitioners are the respondents in R.C.A. No. 39 of 2018 on the file of the Rent Control Appellate Authority, Kollam (District Judge, Kollam), arising out of the order of the Additional Rent Control Court, Kollam in R.C.P. No. 2 of 2013, an application filed by them under Sections 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the respondents herein from the petition schedule building bearing Nos. 921 and 927, which form part of a two storied commercial building situated at Kottiyam Junction, in the land comprised in Re. Sy. No. 314/44, Block No. 27 of Thazhuthala Village. Before the Rent Control Court, R.C.P. No. 2 of 2013 was tried along with the connected matters, i.e. R.C.P. Nos. 20 of 2014 and 21 of 2014. By a common order dated 28.01.2019, the Rent Control Court allowed R.C.P. No. 2 of 2013, ordering eviction of the respondents from the petition schedule property, under Section 11(3) of the Act. The relief under Section 11(8) of the Act was not pressed and therefore, the Rent Control Court disallowed relief under Section 11(8).

2. Challenging the order of eviction in R.C.P. No. 2 of 2013, the respondents he

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