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HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
TOMY J CHERKKOTT – Appellant
Versus
M.M. ABDUL SATHAR – Respondent
| Table of Content |
|---|
| 1. jurisdiction of rent control court regarding amendments. (Para 2 , 3 , 4 , 5) |
| 2. court's observations on amendment powers. (Para 10 , 11 , 14 , 15 , 16) |
| 3. arguments concerning amendment applicability. (Para 12 , 13) |
| 4. inherent powers of rent control court. (Para 20) |
| 5. final decision on allowing amendments. (Para 22) |
JUDGMENT 'C.R.'
Shoba Annamma Eapen, J:
The common question involved in all these Original Petitions (Rent Control) is whether the Rent Control Court exercising jurisdiction under the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act') has jurisdiction to amend the pleadings in the Rent Control Petition on the application of the petitioners/landlords.
2. With regard to the said question, we may refer to essential facts. We will refer to the parties according to their status in the Rent Control Petition.
3. The petitioners are the owners of the building wherein the petition scheduled shop rooms are situated. The Rent Control Petitions are filed seeking eviction of the respondents under Sections 11 (4)(i) and 11(8) of the Act. The petitioners are the landlords and the respondents are the tenants.
4. The original petiti
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