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2023 Supreme(Ker) 109

P. B. SURESH KUMAR, SOPHY THOMAS
Gireesh Son Of Chandran – Appellant
Versus
Antony Son Of Ouseph – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Shibin K.F. Seby Joseph
For the Respondent: Sri.Jithin Babu A(K/000674/2015)(Caveator)

ORDER :

Sophy Thomas, J.

In this revision, we are called upon to answer an interesting question as to whether the arrears of admitted rent decreed by a civil court, in a suit filed by the landlord, is liable to be excluded while computing the admitted arrears of rent under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’).

2. The revision petitioner/tenant is impugning the judgment of the Rent Control Appellate Authority in RCA No.42 of 2018, invoking revisional jurisdiction of this Court, under Section 20 of the Act.

3. Brief facts necessary for the revision are as follows, referring the parties according to their status in RCP No.18 of 2016

The petitioner/landlord filed RCP No.18 of 2016 before the Rent Control Court, Chalakudy, in order to evict the respondent/tenant from the tenanted premises, under Sections 11(2)(b), 11(3) and 11(4)(ii) of the Act. The respondent remained ex parte, and based on the affidavit and documents produced by the petitioner, the Rent Control Court allowed the RCP under Section 11(3) of the Act, and directed the respondent to surrender vacant possession of the tenanted premises within one month. T

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