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2023 Supreme(Online)(KER) 20177

HIGH COURT OF KERALA
SHAHITHA ABOOTTY ,
– Appellant
Versus

V.P.NAJEEM, – Respondent


O R D E R

Sophy Thomas, J.

The tenants, who suffered concurrent orders of eviction, under Sections 11 (3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred as ‘the Act’) are the revision petitioners herein.

2. The landlord filed RCP No.8 of 2016 before the Rent Control Court, Mananthavady, seeking eviction of the tenants under Sections 11 (3) and 11(4)(i) of the Act. According to him, the schedule premises, which was a residential building, was leased out to one Mr.Abootty, as per Ext.A1 rent agreement dated 01.08.1993. Since he was in bona fide need of that house, for the residential accommodation of his brother, who was managing their family business at Mananthavady, he wanted to get the tenants evicted from that house. The original tenant Sri.Abootty passed away, and respondents 1 to 4 are the legal heirs of deceased Abootty. After death of Sri.Abootty, his legal heirs sublet that building to the 5th respondent-Sri.K.P.Ashraf, without the knowledge and consent of the landlord. So the landlords approached the Rent Control Court for getting vacant possession of the schedule building under (3) and 11(4)(i) of the Act.

3. The legal heirs of late

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