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HIGH COURT OF KERALA
ANIL K.NARENDRAN, P.G. AJITHKUMAR, JJ
THE MANAGER, SAI SERVICE STATION LTD. – Appellant
Versus
DILEEP GANESH – Respondent
| Table of Content |
|---|
| 1. court affirmed the eviction based on established bona fide need of the landlord. (Para 1 , 2 , 4) |
| 2. tenants contested eviction based on unregistered lease and substantial investments. (Para 3 , 7 , 31) |
| 3. co-ownership allows eviction without all co-owners' consent. (Para 8 , 12 , 14 , 28) |
| 4. eviction upheld; no evidence of invalidity in previous orders. (Para 9 , 37 , 38) |
ORDER
The respondent-landlord filed R.C.P.No.19 of 2016 before the Rent Control Court (Munsiff), Kodungallur for eviction of the revision petitioners-tenants under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . The R.C.P. was allowed. An appeal was filed by the petitioners as R.C.A.No.11 of 2018 before the Rent Control Appellate Authority (Additional District Judge), Irinajalakuda under Section 18 (1)(b) of the Act and that ended in dismissal. The petitioners challenge the said judgment as well as the order of the Rent Control Court in this revision petition filed under Section 20 of the Act.
2. The respondent and his brother Deepak Ganesh are the owners of the petition schedule building. They let out it to the petitioners on a monthly rent of Rs.45,000/- on 01.12.2009.
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