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2024 Supreme(Online)(KER) 59029

HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
SHIBU – Appellant
Versus
THOMAS N.J – Respondent


Advocates:
For the Appellants/Petitioners: JAMES ABRAHAM (VILAYAKATTU)
For the Respondents:

ORDER

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.27 of 2018 on the file of the Rent Control Court (Munsiff), Cherthala, which was one filed by the predecessor-in-interest of the respondents herein-landlord, invoking the provisions under Sections 11 (2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , seeking eviction of the tenant from the petition schedule shop room on the ground of arrears of rent and bona fide need. The need projected in the Rent Control Petition for seeking an order of eviction under Section 11 (3) of the Act is that of the grandchildren of the landlord to start a grocery shop and a mobile phone repair shop in the petition schedule shop rooms. Before the Rent Control Court, the tenant filed counter opposing the order of eviction sought for. On the side of the landlord PWs 1 and 2 were examined and Exts.A1 to A4 were marked. On the side of the tenant, he was examined as RW1 and Exts.B1 to B3 were marked. A Will deed No.81/3/2011 dated 06.08.2011 was marked as Ext.X1. After considering the pleadings and evidence on record, the Rent Control Court arrived at a conclusion that the need projected in the Rent Con

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