IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
ABDUL LATHEEF – Appellant
Versus
P.V. KURIAKOSE – Respondent
| Table of Content |
|---|
| 1. tenant challenges the findings under the rent control act. (Para 1) |
| 2. landlord's claims verified against tenant's arguments. (Para 2) |
| 3. court affirms legality of landlord's bona fide need. (Para 3) |
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, t
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