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2025 Supreme(Online)(Ker) 53524

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
ABDUL LATHEEF – Appellant
Versus
P.V. KURIAKOSE – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.B.KRISHNAN, SHRI.R.PARTHASARATHY
For the Respondents: SRI.ROY CHACKO

A. Muhamed Mustaque, J.

This revision petition is filed by the tenant challenging the concurrent findings under Sections 11 (2)(b), and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, ‘the Act’). The learned counsel for the revision petitioner submits that the tenant has already cleared all the defaulted arrears covering the period mentioned in the statutory notice and, therefore, the order passed under Section 11 (2) (b) of the Act is liable to be vacated. If the tenant has, in fact, cleared the entire arrears covering the notice period, he may file a petition under (2)(c) of the Act seeking to have that order vacated.

2. In regard to the findings under Section 11 (3) of the Act, the learned counsel for the revision petitioner would contend that the building belongs to a partnership and, therefore, the respondent is not competent to maintain the petition. It is to be noted that this argument is contrary to the very recitals in Ext. A1, the document executed by the tenant.

Ext. A1 was executed between the tenant and the respondent, and therefore the tenant cannot contend otherwise so as to question the status of the respondent as the landlord. Hence,

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