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2022 Supreme(Online)(KER) 5151

HIGH COURT OF KERALA
P. B. Suresh Kumar, C.S. Sudha, JJ
MOHAMMED IQBAL – Appellant
Versus
KOCHUTHRESSYA @ BABY – Respondent


Advocates:
SRI.SIRAJ KAROLY, SRI.R.PARAMESWARA IYER, SRI.DINESH R.SHENOY, SRI.DINESH R.SHENOY, SRI.EBIN MATHEW, SMT.K.K.JYOTHILAKSHMY

O R D E R

P.B.Suresh Kumar, J.

The petitioner in this revision petition was the respondent in a proceedings for eviction under Section 11 (2)(b) of the Kerala Buildings (Lease and Rent Control) Act (the Act). The respondent herein was the petitioner in the said proceedings.

2. The subject matter of the proceedings is a shop room belonging to the respondent which was let out by her to the petitioner on a monthly rent of Rs.525/-. While the rental arrangement was continuing, on 14.02.2006, the respondent agreed to sell the tenanted premises to the petitioner for a consideration of Rs.2,80,000/- and received a sum of Rs.1,00,000/- by way of advance sale consideration in terms of an agreement for sale executed between the parties. Disputes arose between the parties later concerning the aforesaid sale agreement for, according to the respondent, she has agreed to sell to the petitioner only the shop building and the electric fittings attached to it and not the land on which the building has been constructed, whereas the petitioner maintained that the respondent is bound to transfer in terms of the agreement for sale not only the building but also the land on which the building is construct

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