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2021 Supreme(Ker) 818

ANIL K.NARENDRAN, P.G.AJITHKUMAR
J. Ramkumar – Appellant
Versus
Ashok Jacob, S/o P. V. Jacob – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.B.SAHASRANAMAN, T.S.HARIKUMAR
For the Respondent: LIJU.V.STEPHEN, INDU SUSAN JACOB

ORDER :

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.4 of 2015 on the file of the Rent Control Court (Munsiff), Chengannur, a petition filed by the respondent herein-landlord under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule building. The tenant opposed the relief sought for in the Rent Control Petition by filing counter. The landlord filed I.A.No.2111 of 2015, an application under Section 12 of the Act, seeking an order directing the tenant to deposit the admitted arrears of rent to the tune of Rs.9,86,076/-and to continue to pay rent for the subsequent period, and in case of default, directing the tenant to give vacant possession of the petition schedule building to the landlord. The tenant opposed the relief sought for in that application, by filing counter. The tenant filed I.A.No.2371 of 2015 raising the question of maintainability of the Rent Control Petition, contending that, as per agreement dated 04.04.2009, the landlord is entitled to seek eviction only after repayment of the advance amount of Rs.59,75,000/-. The landlord filed counter in I.A.No

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