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HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
P.A.JOHNSON – Appellant
Versus
1 AKHIL SYAMKUMAR – Respondent
| Table of Content |
|---|
| 1. tenant's eviction petition based on cessation of occupation. (Para 1 , 2 , 19) |
| 2. raised question on the need for interference. (Para 4) |
| 3. arguments regarding evidence and landlord's claim. (Para 5 , 6) |
| 4. discussion on the meaning of 'occupation' and burden of proof. (Para 7 , 9 , 14) |
| 5. applicability of revisional powers in eviction cases. (Para 10 , 16) |
| 6. final ruling on the dismissal of the revision. (Para 15 , 20 , 26) |
ORDER
Anil K. Narendran, J.
The petitioner is the respondent-tenant in R.C.P.No.31 of 2015 on the file of the Rent Control Court (Principal Munsiff), Kottayam, a petition filed by the original landlord, namely, K.K.Shyamkumar, father of the respondents herein, seeking eviction of the tenant from the petition schedule building under Section 11 (4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . Such a petition was filed on the ground that the tenant, who was conducting lottery business in the petition schedule building, ceased to occupy that building from June 2013 onwards. Before the Rent Control Court, the tenant entered appearance and filed objection, opposing the order of eviction sought for. On the side of the landlord, Exts.A1 t
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