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2023 Supreme(Ker) 783

P. B. SURESH KUMAR, P. G. AJITHKUMAR
Mallika – Appellant
Versus
Sree Mutharamman Temple Trust – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G.S.Reghunath, P.C. Haridas, P.S.Govind
For the Respondent: Manu Vyasan Peter, P.B.Krishnan, Sabu George

ORDER :

P.B.Suresh Kumar, J.

The petitioner in these revision petitions is one and the same. She was arrayed as the tenant in R.C.P. No.3 of 2018 on the files of the Rent Control Court, Nedumangad instituted by the respondents under Sections 11(2)(b), 11(3) and 11(7) of the Kerala Buildings (Lease and Rent Control) Act (the Act). The subject matter of the said proceedings is a shop room attached to a temple. The petitioner denied the title of the landlord in the said proceedings and contended that the eviction petition is, therefore, not maintainable. The sustainability of the said plea of the petitioner was adjudicated as a preliminary issue and as per order dated 25.03.2019, the Rent Control Court held that the plea is not bona fide and that the eviction petition is maintainable. The petitioner had not challenged the said order. The eviction petition was later tried and dismissed on merits.

2. The landlord instituted another proceedings thereafter for eviction of the petitioner as R.C.P. No.4 of 2019 under Sections 11(2)(b), 11(3) and 11(7) of the Act. The petitioner denied the title of the landlord in this proceedings as well, and contended that the eviction petition is not maintai

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