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2024 Supreme(Online)(KER) 15189

HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
V.A. ABRAHAM – Appellant
Versus
TOM PHILIP – Respondent


J U D G M E N T

G. Girish, J.

The petitioner herein is the landlord, who filed R.C.P.No.2 of

2021 before the Rent Control Court, Ettumanoor, for the eviction of the respondent from the petition schedule building, on the ground of arrears of rent and bona fide need envisaged under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control)

Act, 1965 (for short 'the Act').

2. The respondent countered the above proceedings, denying the landlord-tenant relationship, and contending that there was no lease agreement with the petitioner, and nor had the respondent paid any rent to the petitioner-landlord. It was further pointed out that the respondent had instituted O.S.No.4 of 2021 against the petitioner and others, for the relief of permanent prohibitory injunction, since they tried to cause destructions to the industrial establishment being conducted by the respondents in the disputed building.

3. At the time when the petitioner filed proof affidavit along with documents, the Rent Control Court found that the lease deed relied on by the petitioner was insufficiently stamped. Accordingly, the Rent Control Court passed Ext.P7 order under Section 34(a) of the Kerala Stamp Act d

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