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2026 Supreme(Online)(Ker) 3261

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, HARISANKAR V. MENON, JJ
MINI T.V. – Appellant
Versus
VARUN GANAPATHY, ASWATHI SUBRAMANIAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.DINESH MATHEW, J.MURICKEN, SHRI.K.A.ABHILASH, SRI.VINOD S. PILLAI, SHRI.MOHAMMED THAYIB N.M., SMT.NAYANA VARGHESE, SMT.RIA VARGHESE, SHRI.JERRY PETER
For the Respondents: SRI.M.S.AMAL DHARSAN

ORDER

Harisankar V. Menon, J This revision petition is at the instance of the tenant seeking to challenge the order dated 28.11.2025 in RCA No.48 of 2024 of the Rent Control Appellate Authority, ordering eviction under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the ‘Act’), reversing the findings in the order dated 20.07.2024 in RCP No.17 of 2023 of the Rent Control Court, Ernakulam, rejecting the eviction petition filed by the landlords.

2. The respondents-landlords sought for eviction of the tenanted premises under Section 11 (3) of the Act, contending that the father of the 2nd respondent herein had undergone heart surgery on account of which they required to shift to Thrippunithura, where there are plenty of hospitals. The Rent Control Court refused to accept the bona fide need pointed out as above for want of supporting documents/medical records. In an appeal filed against this order, the appellate authority found that the petition schedule building would be suitable for the shifting of the parents, who were having medical issues. The appellate authoirty found that this cannot be taken as a fanciful wish and mere non-production of d

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