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2014 Supreme(Online)(KER) 14447

HIGH COURT OF KERALA
K.T.SANKARAN, P.D.RAJAN, JJ
K.K. MUMTHAZ – Appellant
Versus
THAHIRA – Respondent


Advocates:
SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH SRI.J.ABHILASH; ADV. SMT.M.M.DEEPA

JUDGMENT

K.T.Sankaran, J.

The petitioner, namely, K.K.Mumthaz is the wife of the second respondent (M.Rafeeque). They were residing in the house belonging to the husband (the second respondent). Mumthaz alleged domestic violence against her husband and filed M.C.No.10 of 2011 on the file of the Court of the Judicial Magistrate of the First Class, Kannur on 14.3.2011. It is alleged that the husband Rafeeque received notice in that proceeding on 17.3.2011. On 4.4.2011, Rafeeque transferred the residential property in favour of K.Thahira, the first respondent. Later, on 21.6.2011 that house was leased in favour of Rafeeque by the purchaser Thahira. On 9.10.2011, Thahira filed R.C.P.No.122 of 2011 on the file of the Rent Control Court, Thalassery against Rafeeque under Section 11 (2) (b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). The Rent Control Petition was allowed on 10.4.2012. Thahira filed Execution Petition to execute the order of eviction. Amin went to the property on 4.10.2012 to effect delivery. On 15.10.2012 Mumthaz filed a claim petition before the executing court stating that the sale deed in favour of Thahira was a fra

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