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
| Table of Content |
|---|
| 1. factual basis for eviction petition (Para 1 , 4 , 5) |
| 2. petitioners' arguments against eviction (Para 6 , 7 , 10) |
| 3. court's examination of evidence supports eviction (Para 8 , 9 , 11 , 12 , 15 , 19) |
| 4. legal standards for proving rent payment (Para 13 , 14 , 16 , 17 , 18) |
| 5. conditions for granting time to surrender possession (Para 20 , 21) |
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
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