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2023 Supreme(Online)(KER) 17002

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
AJANOOR CO-OPERATIVE URBAN SOCIETY, – Appellant
Versus
SHABANA, – Respondent


Advocates:
T.K.VIPINDAS

O R D E R

Mohammed Nias.C.P.J The revision petitioner is the tenant, aggrieved by the judgment of the Rent Control Appellate Authority (Additional District Judge-II) dated 17.03.2022, in RCA No.2 of 2021 confirming the order of eviction passed in RCP No.22 of 2018 dated 29.02.2020 of the Rent Controller (Munsiff), Hosdurg.

2. The respondent herein, the landlord, filed the rent control petition seeking eviction under Sections 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'), claiming eviction contending that the petitioner is unemployed and therefore desirous of starting a business in 'Pardas' and textiles for which she has experience as well as financial stability. The petitioner also contended that there are no other rooms available in her possession to start the proposed business and thus bonafide required the scheduled rooms. Though there are several rooms in the locality available for the respondents to shift their business, they did not accede to the request made by the landlord through a lawyer's notice and hence filed the petition seeking eviction.

3. The respondents filed a counter resisting the petition stating that the

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