Maya M. T. , W/O. Late Parameswaran Nambeesan vs Nadukkandy P. C. Ashraf, S/o. Mamuhaji

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1295

Maya M. T. , W/O. Late Parameswaran Nambeesan – Appellant
Versus
Nadukkandy P. C. Ashraf, S/o. Mamuhaji – Respondent

Advocates:
Advocate Appeared:
For the Appellant : T.KABIL CHANDRAN, R.ANJALI

ORDER :

P. Krishna Kumar, J.

The tenants who suffered an order of eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (‘the Act’, for short) challenge the concurrent findings of the Rent Control Court and the Appellate Authority, by invoking the revisional jurisdiction of this court.

2. The short facts which are necessary for the disposal of this case are as follows:

The landlord-respondent purchased the tenanted premises on 04/03/1995. The predecessor-in-interest of the tenants-revision petitioners was inducted into the said building by the prior owner as his tenant, and the tenancy continued despite the death of the original tenant. The landlord requires the vacant possession of the tenanted building for the bona fide occupation of his dependent son. The tenants objected to the petition for eviction, contending that the need projected was not genuine.

3. We heard the learned counsel appearing for the petitioners as well as the respondent.

4. It is forcefully submitted by the learned counsel for the petitioners that the predecessor-in-interest of the petitioners was a commercial tenant and thus the petitioners are entitled to get protect

Click Here to Read the rest of this document