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2024 Supreme(Online)(KER) 35840

HIGH COURT OF KERALA
AMIT RAWAL, Easwaran S., JJ
VADAKKAYILMOIDU HAJI – Appellant
Versus
P.J.ABDUL SALAM – Respondent


Advocates:
K.MOHANAKANNAN, Srinath Girish P, JERIL BABU(K/806/2009)

Table of Content
1. tenant contested eviction petition (Para 3)
2. appellate authority's findings (Para 4 , 5 , 6 , 7 , 8 , 9)

ORDER

Easwaran S., J This Revision Petition is preferred by the landlord. Seeking eviction of respondent/tenant, the revision petitioner approached the Rent Control Court, Kozhikkode in RCP No.181 of 2012. The ground for eviction was under Sub-Section 3 of Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 .

2. The building in question belonged to a partnership firm called “Jasitha Traders”. The revision petitioners are the partners of the said firm and the tenant was put in possession of the building as per a registered Kachit No.556/1998 of SRO, Kozhikode. The rent was fixed at Rs.350/- per month. It was contended that the petitioners 1 to 4 required the petition scheduled building along with an adjacent room let out to one Sainudheen and Aarifa and one shop room in the possession of Abdul Salam in the ground floor for the purpose of starting a travel agency.

3. The tenant appeared and contested the case. It was contended that the tenant is conducting the business from 1988 onwards and is solely dependent on the income generated from the bu

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