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2023 Supreme(Online)(KER) 14136

HIGH COURT OF KERALA
P. B. Suresh Kumar, SOPHY THOMAS, JJ
K.V MUHAMMED RAIZE – Appellant
Versus
NALIA HARIS – Respondent


Advocates:
V.RAMKUMAR NAMBIAR

J U D G M E N T

Sophy Thomas, J.

The petitioner herein is the tenant in RCP No.150 of 2019 on the file of Rent Control Court, Kannur. He is impugning Ext.P5 order of the Rent Control Court in I.A No.2 of 2023. The respondents herein are the landlords.

2. The landlords filed RCP No.150 of 2019, for evicting the tenant on the ground of arrears of rent and bonafide need. The tenant filed counter statement opposing the Rent Control Petition. Thereafter he preferred Ext.P3 petition to amend his counter statement. That was opposed by the landlords. The Rent Control Court dismissed the amendment application vide Ext.P5 order. The tenant mistakenly challenged that order before the Rent Control Appellate Authority which culminated in Ext.P7 order of dismissal, as it was not maintainable. Ext.P6 is the copy of order of this Court, by which dismissal of his prayer by the Rent Control Court, to raise a preliminary issue as to the title of landlords 1 and 2, was confirmed. The tenant is challenging Ext.P5 order contending that it is unjust and illegal.

3. The amendment application was opposed by the landlords, as the tenant has no locus standi to challenge the settlement deed No.2872 of 2012, by wh

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