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2021 Supreme(Ker) 932

ANIL K.NARENDRAN, VIJU ABRAHAM
Suvarna W/o Unnikrishnan – Appellant
Versus
Ibrahimkutty S/o Panikkaveettil Kunjumon – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. V.V. Nandagopal Nambiar, Smt. Smitha Ezhupunna.
For the Respondents: Sri. Santhosh P. Poduval, Smt. R. Rajitha.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner is the respondent-tenant in R.C.P. No. 28 of 2007 on the file of the Rent Control Court (Munsiff), Chavakkad, a petition filed by the respondent herein-landlord, under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant from the petition schedule building. The Rent Control Court granted Ext.P1 order of eviction dated 15.02.2012 in R.C.P. No. 28 of 2007, under Section 11(3) of the Act and directed the tenant to surrender vacant possession of the petition schedule building to the landlord, within a period of one month from the date of that order.

2. Feeling aggrieved by the order of eviction, the tenant preferred R.C.A. No. 26 of 2012 before the Additional Rent Control Appellate Authority-IV, Thrissur. In that appeal, the landlord filed I.A. No. 3440 of 2016, an application under Section 12 of the Act, seeking an order directing the tenant to pay the admitted arrears of rent with interest, failing which to issue show cause notice and direct the tenant to put the landlord in possession of the petition schedule building. In I.A. No. 3440 of 2016, the Appellate Authority passed Exhibit P2

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