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2021 Supreme(Ker) 887

ANIL K.NARENDRAN, P.G.AJITHKUMAR
S. P. Deepak S/o Sreenivasan – Appellant
Versus
B. Govardhanan Nair S/o Bhaskara Pillai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Nagaraj Narayanan, Sri. Saijo Hassan, Sri. Benoj C. Augustin, Sri. U.M. Hassan, Smt. P. Parvathy, Smt. Aathira Sunny, Sri. Manas P. Hameed, Rafeek V.K.
For the Respondent: Sri. G. Sudheer.

JUDGMENT :

P.G. AJITHKUMAR, J.

1. The petitioner is the tenant-respondent in Rent Control Petition No. 11 of 2008 on the files of the Rent Control Court, Thiruvananthapuram. Respondents/landlords filed the Rent Control Petition claiming eviction under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Control Petition was allowed on 01.01.2019 ordering eviction under Section 11(3) of the Act, ex-parte the petitioner. He filed Interlocutory Application No. 952 of 2019 before the Rent Control Court for setting aside the ex-parte order. It was dismissed as per order dated 18.09.2019. That order is under challenge in this Original Petition.

2. After dismissal of I.A. No. 952 of 2019, the petitioner filed Rent Control Appeal No. 5 of 2020 before the Rent Control Appellate Authority (Additional District Judge-VI), Thiruvananthapuram. There was a delay of 381 days in filing the appeal. The petitioner filed Interlocutory Application No. 1 of 2020 for condonation of the delay. The Appellate Authority after considering in detail, dismissed that application holding that sufficient cause was not shown to condone the delay. Consequent to the said order,

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