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2022 Supreme(Online)(KER) 56001

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
NAGARAJAN @ NAGARAJ NARAYANAN
– Appellant
Versus

G.GOPAKUMAR – Respondent


Advocates:
R.T.PRADEEP, M.BINDUDAS, K.C.HARISH, SAIJO HASSAN, G.RAJEEV, REJITH RAJENDRAN, BINCY JOB, AJITH KUMAR

JUDGMENT

Ajithkumar, J.

This original petition was filed by the petitioner in R.C.P.No.78 of 2017 on the file of the Rent Control Court (Additional Munsiff-IV), Thiruvananthapuram, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

2. R.C.P.No.78 of 2017 was filed by the petitioner seeking eviction of the respondent under Sections 11 (2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . The respondent filed a statement of objection, Ext.P2, in which he denied the title of the petitioner to the petition schedule shop room. Other contentions set forth as grounds for eviction in the rent control petition were also denied. While the respondent admitted that he has been in possession and enjoyment of the room bearing No.27/1770, which is the petition schedule shop room, raised a contention that the said building does not situate within the property claimed to have been purchased by the petitioner by virtue of sale deed Nos.4310 of 1991 and 2487 of 1991. Pointing out the said contentions, the petitioner has filed I.A.No.12637 of 2019 in the rent control petition seeking appointment of an Advocate Commissione

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