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2022 Supreme(Online)(KER) 60889

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
KAKKOTTAKATH PUTHIYAPURAYIL MUHAMMAD ALI – Appellant
Versus
KAKKOTTAKATH PUTHIYARAMBATH MAHAMOOD – Respondent


Advocates:
For the Appellants/Petitioners: MATHEW KURIAKOSE, G.GIREESH, J.KRISHNAKUMAR (ADOOR), MONI GEORGE
For the Respondents:

JUDGMENT

Anil K. Narendran, J.

Since common issue is raised, these original petitions are heard together and are being disposed of by this common judgment.

2. O.P.(RC)No.97 of 2022:- The petitioners are the respondents-tenants in R.C.P.No.7 of 2016 on the file of the Rent Control Court (Munsiff), Thaliparamba, a petition filed by the respondents herein-landlords on 08.03.2016, under Sections 11 (2), 11(3), 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , seeking eviction of the tenants from the petition schedule shop room bearing No.TMC XXII/53 in Thaliparamba Municipality. On receipt of notice in Ext.P1 RCP, the tenants entered appearance and filed Ext.P2 counter dated 03.11.2016.

2.1. When RCP was listed for evidence on 01.08.2018, the tenants remained absent and the Rent Control Court passed an ex-parte order of eviction, on 04.08.2018. The tenants filed I.A.No.2269 of 2018 seeking an order to set aside the ex-parte order, which was allowed by the Rent Control Court. Thereafter, when RCP was listed for evidence on 07.06.2019, the tenants remained absent and the Rent Control Court passed an ex-parte order. The tenants filed I.A.No.1834 of 2019 seeking an order

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