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2023 Supreme(Ker) 236

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
N. M. Basil, S/o. Michael – Appellant
Versus
Regional Sports Centre, Represented by its Honorary Secretary S. A. S Navaz, S/o. S. A. Shakkoor – Respondent


Advocates Appeared:
For the Petitioner: T. Ramprasad Unni, S.M. Prasanth, R.S. Aswini Sankar, T.H. Aravind, M. Manojkumar (Chelakkadan).
For the Respondent: A. Balagopalan, A. Rajagopalan, M.N. Manmadan, M.S. Imthiyaz Ahammed, P. Seena.

ORDER :

Shoba Annamma Eapen, J.

The tenant in R.C.P.No.28 of 2016 before the Rent Control Court, Ernakulam is the petitioner in these revision petitions. The respondent is the landlord.

2. The rent control petition was filed seeking eviction of the tenant under Section 11(4)(i) and 11(17) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). In the rent control petition, initially, only shop room No.8 situated in front of the Indoor Stadium, Ernakulam was mentioned. Subsequently, on noticing the mistake, the landlord filed I.A.No.4 of 2021 under Section 151 of the Civil procedure Code read with Section 23(j) of the Act, seeking to substitute the expression 'room no.7 & 8' for 'room no.8' in the rent control petition. The tenant filed objection contending that the schedule of the rent control petition is silent about shop room No.8 and that the first prayer and the schedule in the rent control petition are not tallying. The said IA was allowed. Subsequently, the landlord filed another petition as IA No.8 of 2021 for correcting the mistake, which was also objected to by the tenant. The Rent Control Court allowed the said IA also. Challenging

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