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2022 Supreme(Ker) 770

P. B. SURESH KUMAR, C. S. SUDHA
Irvin John Jayarajan S/o. Karunakaran – Appellant
Versus
Madhavi Alias Narayani Amma, W/o. Late Anandan Nair – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.Gopinatha Panicker
For the Respondent: K.V.Pavithran, Jayanandan Madayi Puthiyaveettil, T.P.Saeed

ORDER :

P.B.Suresh Kumar, J.

The tenant in a proceedings for eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act), is the petitioner in this revision petition instituted under Section 20 of the Act. The respondents are the landlords in the proceedings.

2. The subject matter of the proceedings is a residential premises belonging to the landlords which was let out to the tenant. The eviction of the tenant was sought under the provisions aforesaid alleging that the rent of the premises is in arrears from February 1993 and that the premises is required for the residence of the fifth petitioner, Hariram and his family who is residing in the family house of the landlords with others. The tenant objected the claim of the landlords for eviction under Section 11 (3) of the Act on the ground that Hariram and his family own a separate building for their residence and the claim is therefore not bona fide. The Rent Control Court accepted the claim of the landlords holding that the rent of the premises is in arrears since February 1993 and that Hariram and his family need bona fide the premises for their residence. Consequently, the petitio

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