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2022 Supreme(Online)(KER) 1764

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ
KATTAYALIL KOOTTERI MANOHARADAS PROPRIETOR, LAKSHMI BATTARIES, CHIRAKKARA, THALASSERY – Appellant
Versus
CHERUVEETIL BINDHU W/O.RAJEEVAN, CHERUVEETIL HOUSE, PAZHASSI AMSOM, KARA DESOM - 670702 – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.KHALID, SRI.T.P.SAJID
For the Respondents: SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA, SRI.H.PRAVEEN (KOTTARAKARA), SRI.T.S.NEJIMUDDIN, SMT.T.V.NEEMA

ORDER

Ajithkumar, J

The revision petitioners are respondents - tenants in R.C.P No.55 of 2012 on the file of the Rent Control Court (Munsiff), Kuthuparamba. Respondents-landlords filed the R.C.P seeking eviction under Section 11 (2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . As per the order dated 31.08.2013, the petition was allowed on all the three grounds. The petitioner preferred an appeal under Section 18 (1)(b) of the Act. Rent Control Appellate Authority (Additional District Judge-II), Thalassery dismissed the appeal. Aggrieved thereof, the petitioners filed this revision under Section 20 of the Act.

2. On 18.12.2018, this revision was admitted to file. Execution of the order of eviction was stayed for a period of three weeks. Interim order of stay has been extended from time to time.

3. Heard the learned counsel appearing for the petitioners and also the learned counsel appearing for the respondents.

4. Eviction of the petitioners from the petition schedule shop rooms was sought on the basis of the allegations and averments that the 1st petitioner, who is the tenant defaulted payment of rent from April 2007 onwards, the respondents-land

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