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2024 Supreme(Online)(KER) 6319

HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
M/S.CHIYANG CHINESE RESTAURANT – Appellant
Versus
RAJEENDRAN P – Respondent


Advocates:
P.T.JOSE
S.ASHITHA JAYASANKAR
S.S.ABEY AUGUSTINE
ALTHAF P.A.
A. Balagopalan
A A.RAJAGOPALAN(K/339/1994)
M.N.MANMADAN(K/198/1998)
M.S.IMTHIYAZ AHAMMED(K/151/1999)
P.SEENA(K/000546/2000)

Table of Content
1. court's analysis of the rent control court's findings. (Para 5 , 6)
2. court's reasoning on set off claims. (Para 7 , 8 , 9)
3. court's conclusion and directives. (Para 10)

JUDGMENT

G. Girish, J.

The tenants/respondents in R.C.P.No.36/2022 of the Rent Control Court, Ernakulam have filed this writ petition under Article 227 of the Constitution of India, challenging the order passed by the Rent Control Court under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act').

2. The landlord has instituted the rent control proceedings under Section 11 (2)(b) and 11(3) of the Act for the eviction of the tenants from the building which they have been in occupation for their hotel business. It is stated that the rent agreed was Rs.1,00,000/- per month, even though it was shown as Rs.75,000/- in the lease deed as requested by the tenants. The tenants are also said to have agreed periodical enhancement of rent at the rate of 5% every year. According to the landlord, the tenants committed default in payment of rent, and a total amount of Rs.56,21,059/- stood due as arrears of rent. The landlord would further contend that the petition schedul

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