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2026 Supreme(Online)(Ker) 1965

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, HARISANKAR V. MENON, JJ
KUNHIMOONTEPURAKKAL MANAF – Appellant
Versus
CHERIYA MADATHIL BEENA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JAMSHEED HAFIZ, SMT.T.S.SREEKUTTY, SMT.FATHIMA NASREEN S.
For the Respondents: SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN, SMT.ANJANA K.

Harisankar V. Menon, J.

This original petition under Article 227 of the Constitution of India is at the instance of the tenant in RCP No.16 of 2020 before the Rent Control Court (Munsiff), Parappanangadi, seeking to challenge Ext.P5 order dated 26.11.2025 in an interlocutory application filed by the landlord permitting amendment of the rent control petition.

2. The respondent-landlord had filed the rent control petition as above, pointing out that she had let out the petition schedule room to the petitioner/tenant for running a business and alleging that the rent is not being paid and hence seeking eviction under Section 11(2) (b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965 (for short, the ‘Act’). The eviction sought for was contested by the petitioner herein. During the pendency of the Rent Control Petition, the respondent/landlord instituted I.A. No.16 of 2025 in RCP No.16 of 2020 under Order 6 Rule 17 read with Section 151 of the Civil Procedure Code, 1908 seeking to amend the eviction petition pointing out that the tenant has obtained another shop room in the same Municipality where the petition schedule shop room is situated, which was suitable for runn

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