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2022 Supreme(Online)(KER) 64083

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
JOSE – Appellant
Versus
FRANK – Respondent


Advocates:
SUMAN CHAKRAVARTHY

JUDGMENT

SHOBA ANNAMMA EAPEN, J.

The petitioner is the claim petitioner in EA No.370/2019 in EP No.3110/2018 in RCP No.3/2018 on the files of the Principal Munsiff's Court, Irinjalakuda. The rent control petition was filed by the 1st respondent/landlord against the 2nd respondent herein for eviction of two adjacent rooms on the ground of arrears of rent. The rent control petition was allowed and the landlord filed execution petition as EP No.3110/2018 for executing the order of eviction. Thereafter, the petitioner herein filed a claim petition as EA No.370/2019 in EP No.3110/2018 in RCP No.3/2018 under Order XXI Rules 97 & 101 and Sections 47 & 151 of the Code of Civil Procedure , claiming that the petitioner herein is the tenant and seeking for a decree declaring his right of tenancy in the petition schedule rooms and restraining the respondents herein from evicting him till the disposal of the claim petition. The said claim petition was dismissed. Challenging the order of dismissal of the claim petition, EA No.370/2019 in EP No.3110/2018 in RCP No.3/2018, the petitioner herein filed Ext.P2 rent control revision petition before the Rent Control Appellate Authority, Thrissur as RCR

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