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2026 Supreme(Online)(Ker) 2302

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, HARISANKAR V. MENON, JJ
MUHAMMED M. – Appellant
Versus
MUHAMMED FAIZI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.R.GITHESH, SHRI.AJAY BEN JOSE, SRI.S.VAIDYANATHAN, SRI.MANJUNATH MENON, SMT.ANNA LINDA EDEN, SHRI.HARIKRISHNAN S., SMT.ANAVADYA SANIL KUMAR, SMT.ANJALI KRISHNA, SHRI.ABHINAV P. S.
For the Respondents: SRI.BABU KARUKAPADATH

ORDER

Harisankar V. Menon, J This revision petition is at the instance of the tenant –

respondent in RCP No.18 of 2023 before the Rent Controller, Kochi, seeking to challenge the judgment of the Rent Control Appellate Authority, Ernakulam, in RCA No.14 of 2025 by which the eviction ordered by the Rent Controller stood confirmed.

2. Heard Sri.Martin Jose P., the learned counsel for the revision petitioner, as well as Sri.Babu Karukapadath, the learned counsel for the respondents.

3. The respondents herein had instituted the rent control petition seeking eviction of the petitioner herein under the provisions of Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the ‘Act’), since the 2nd respondent herein, who is the wife of the 1st respondent, had completed her D. Pharm course on account of which the petition schedule building was required for starting a pharmacy/medical store. It was contended that the 2nd respondent, being a dependent family member, and since there were no other buildings in their ownership, eviction requires to be ordered under (3) of the Act. They also sought eviction with reference to the provisions of (4)(iii) of the Act. The R

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