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2025 Supreme(Online)(Ker) 52133

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
AMINA – Appellant
Versus
JUBARIYATH – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.MANU SRINATH, SRI.NIMESH THOMAS
For the Respondents: SHRI.P.SREEKUMAR (SR.), SHRI.ASWIN KUMAR M J, SMT.HELEN P.A., SHRI.ARUN ROY, SRI.SHAHIR SHOWKATH ALI

A. Muhamed Mustaque, J.

The tenant in this revision petition has raised an issue in regard to existence of landlord-tenant relationship. In fact, in a suit filed by the landlord, a decree of eviction was granted, holding that the revision petitioner is the tenant, that means the issue is decided against the tenant. The decree in the suit was marked Ext.A9. The copy of the plaint was marked as Ext.B1. It is true that there are inconsistencies in the pleadings, but, nevertheless, as the issue once decided, it cannot be impeached based on the inconsistent pleadings or lack of pleadings. That question having been answered against the revision petitioner, it is no longer possible for the tenant to contend that there exists no landlord-tenant relationship. 2. In the Rent Control Petition, the landlord’s case is that the rent agreement was executed in favour of his predecessor in interest on 31.07.2006. In fact, there is no such pleading that appears to be, apparently, there in the suit. The suit, though maintainable, cannot be executed in respect of an area covered under the notification of the Kerala Building (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’). If t

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