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2022 Supreme(Ker) 40

ANIL K.NARENDRAN, P.G.AJITHKUMAR
Thankachan S/o Late Devassia @ Sebastian – Appellant
Versus
V. Gireesh Kumar S/o Balan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Biju Abraham.
For the Respondents: K. Mohanakannan, H. Praveen.

JUDGMENT :

P.G. AJITHKUMAR, J.

1. The respondent filed R.C.P. No. 32 of 2019 before the Rent Control Court (Munsiff), Sulthanbathery for eviction of the petitioner-tenant under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The petitioner filed a counter statement denying the respondent's title to the petition schedule building and also the landlord-tenant relationship. He filed I.A. No. 1 of 2020 in the R.C.P. seeking to decide the maintainability of the Rent Control Petition. The respondent filed a counter statement. The Rent Control Court after hearing both sides, dismissed I.A. No. 1 of 2020 as per order dated 23.02.2021. Feeling aggrieved of the said order, the petitioner filed this Original Petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

2. The case of the respondent is that he purchased the landed property having an extent of 27.33 ares along with the petition schedule building by virtue of Sale-Deed No. 749 of 2018. The petitioner was residing in the said building as a tenant on the basis of a lease agreement dated 15.10.2008. He has been holding over the tenancy and

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