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2022 Supreme(Online)(KER) 53764

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SHAJI JOSEPH – Appellant
Versus
PONNAMMA VARGHESE – Respondent


O R D E R

Ajithkumar, J.

The petitioner is the respondent-tenant in R.C.P.No.10 of

2015 on the file of the Rent Control Court (Munsiff), Thiruvalla and the appellant in R.C.A.No.10 of 2018 on the file of the Rent Control Appellate Authority (District Judge), Pathanamthitta. The landlords, namely, Shri.P.A.Varghese and his wife Smt.Ponnamma Varghese (1st respondent herein) filed the R.C.P. under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule shop rooms. The need projected in the Rent Control Petition, in order to seek an order of eviction under Section 11(3) of the Act, was that of Shri. P.A.Varghese and his wife Smt. Ponnamma Varghese wanted the rooms for starting a hardware business. He intend to start the business in the two petition schedule shop rooms and also the adjacent two shop rooms which are already in their possession.

2. Before the Rent Control Court, the petitioner-

tenant entered appearance and filed a counter statement. He has denied the bona fide of the need projected in the Rent Control Petition. He also contended that the petition is barred by res judicata, other rooms ar

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