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2026 Supreme(Online)(Ker) 3262

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN, HARISANKAR V. MENON, JJ
P.V. NOUSHAD – Appellant
Versus
SURESH BABU R. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOSE KURIAKOSE (VILANGATTIL), SRI.BIJO FRANCIS, SRI.LUIZ GODWIN D COUTH
For the Respondents: SHRI.JACOB SEBASTIAN, SMT.SHAMSEERA, C.ASHRAF, SHRI.WINSTON K.V, SMT.ANU JACOB, SMT.ANJANA KRISHNAN

ORDER

Harisankar V. Menon, J This revision petition is at the instance of the tenant under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the ‘Act’) seeking to challenge the order dated 11.09.2025 in RCA No.13 of 2024 of the Rent Control Appellate Authority, Kalpetta, confirming the order of eviction passed by the Rent Control Court, Kalpetta, in RCP No.5 of 2023.

2. The rent control petition was instituted by the landlord seeking eviction under the provisions of Section 11 (3) of the Act for starting a vegetable business for augmenting the income of the family and also for meeting the educational expenses of his children. Though the petitioner – tenant resisted the prayer for eviction, contending that the landlord has various other vacant rooms, the Rent Control Court found that the afore contention has not been proved in accordance with law. In such circumstances, the bona fide need projected by the landlord was accepted, and an eviction was ordered by the trial court. The appellate court also confirmed the afore order, taking into consideration the submissions made by the tenant with reference to the entitlement under the first and second p

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