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2021 Supreme(Online)(KER) 48828

HIGH COURT OF KERALA
ANIL K. NARENDRAN, K. Babu, JJ
KARUNAKARAN.A, – Appellant
Versus
E.K.SULEKHA – Respondent


Advocates:
R.SUDHISH SMT.M.MANJU K.M.FIROZ M.SHAJNA

O R D E R

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.186 of

2014 on the file of the Rent Control Court (Additional Munsiff-I), Kozhikode, a petition filed by the respondent herein-landlord under Section 11 (4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , seeking eviction of the tenant from the petition schedule shop room on the ground that the tenant has kept the building closed without any reason. Going by the averments in the Rent Control Petition, the petition schedule shop room was taken on lease by the tenant from the predecessor-in-interest of the landlord. The tenant had paid rent at the rate of Rs.2,250/- inclusive of December, 2012 and thereafter the rent is in arrears. For the last more than one year, the petition schedule shop room has been kept closed without any reason. Therefore, the landlord sought an order of eviction under (4)(v) of the Act. Before the Rent Control Court, the tenant entered appearance and filed counter statement contending that the rate of rent is only Rs.1000/- and that he has not kept the rent in arrears. The petition schedule shop room is being used for furniture business and the tenant never clo

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