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2022 Supreme(Ker) 393

ANIL K.NARENDRAN, P.G.AJITHKUMAR
Kunhanpurath Balan, S/o. Ramankutty – Appellant
Versus
Kunnummayintavita Chandran, S/o. Choy, Swastham – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.Krishnakumar
For the Respondent: SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SMT.B.ANUSREE SRI.MANU VYASAN PETER SMT.MEERA P.

ORDER :

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.1 of 2018 on the file of the Rent Control Court (Munsiff), Vatakara, filed by the respondent herein-landlord seeking eviction of the tenant from the petition schedule shop room, under Sections 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The tenant entered appearance and filed counter in R.C.P.No.1 of 2018 opposing the order of eviction sought for. Before the Rent Control Court, the landlord was examined as PW1 and Exts.A1 to A4 were marked on his side. The tenant was examined as RW1 and Exts.B1 to B4 were marked on his side. The report of the Advocate Commissioner was marked as Ext.C1.

2. After considering the pleadings and evidence on record, the Rent Control Court, by the order dated 27.03.2019, dismissed R.C.P.No.1 of 2018. The Rent Control Court found that the need projected in the R.C.P. for seeking an order of eviction under Section 11(3) of the Act is bona fide; that the first proviso to Section 11(3) of the Act is not attracted; and that the tenant is not entitled to the protection under the second proviso to Section 11(3) of the Act. However, the order of evic

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