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2022 Supreme(Ker) 330

ANIL K.NARENDRAN, P.G.AJITHKUMAR
Abdul Razak P M. – Appellant
Versus
K. C. Thomas – Respondent


Advocates Appeared:
For The Appellant : A.Aswathy
For The Respondent: Philip T.Varghese, Achu Subha Abraham, V.T.Litha, K.R.Monisha

JUDGMENT :

Anil K. Narendran, J.

The petitioner is the respondent–tenant in R.C.P. No.211 of 2019 on the file of the Rent Control Court (Additional Munsiff-III), Ernakulam, a petition filed by the respondents herein landlords (five among the eight co-owners), seeking eviction of the tenant from the petition schedule building, which is in the occupation of the tenant, on the strength of a lease deed dated 01.11.2017, on a monthly rent of Rs.3,50,000/-, for a period of 11 months, with provision for enhancement. As per clause (4) of the lease deed, the monthly rent has to be apportioned among the eight co-owners in the ratio mentioned therein. R.C.P. No.211 of 2019 is one filed under Sections 5(1) and 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for brevity ‘the Act’) for fixation of fair rent and for eviction of the tenant for arrears of rent.

2. Before the Rent Control Court, the tenant entered appearance and filed counter in R.C.P. No.211 of 2019. The landlord filed I.A.No.2 of 2020 in R.C.P. No.211 of 2019 (Ext.P1), under Section 12 of the Act, seeking an order directing the tenant to deposit arrears of rent for the period from 01.01.2018 onwards, at the rate

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