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2022 Supreme(Ker) 342

ANIL K.NARENDRAN, P.G.AJITHKUMAR
Narayanan S. , S/o. Subramanian Moothan – Appellant
Versus
T. V. Seethalakshmi, W/o. T. V. Krishna Iyer (Late) – Respondent


Advocates Appeared:
For the Petitioner: Sajan Vargheese K., Sri. Liju M.P., Sri. Jophy Pothen Kandankary.
For the Respondent: Sri. P.B. Krishnan, Sri. P.B. Subramanyan, Sri. Sabu George, Sri. Manu Vyasan Peter, Smt. Meera P., Smt.B. Anusree.

ORDER :

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.21 of 2018 on the file of the Rent Control Court (Principal Munsiff), Palakkad, a petition filed by respondents 1 to 4 herein– landlords, seeking eviction of the tenant from the petition schedule shop room, under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The building originally belonged to late T.V. Krishna Iyer, the father of respondents 1 to 4. The need projected in the Rent Control Petition, for seeking an order of eviction under Section 11(3) of the Act, is that of the landlords to discontinue tobacco business conducted by respondents 3 and 4 herein (which was originally conducted by their father) and to start a restaurant in the building owned by the landlords, utilising the petition schedule shop room with Door No.31/665 as well as the adjacent shop rooms with Door Nos.31/664 and 31/666.

2. In R.C.P.No.21 of 2018, the tenant entered appearance and filed counter opposing the order of eviction sought for. Before the Rent Control Court, on the side of the landlords, the 3rd respondent herein was examined as PW1 and Exts.A1 to A6 were marked. On the side of

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