IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUVEN SEN, CJ, SYAM KUMAR V.M., J
MURALEEDHARAN P P – Appellant
Versus
KUNNOTH KUNHAYISA – Respondent
The concurrent findings of fact regarding default in payment of arrears of rent, reasonable bona fide requirement, and reduction in valuation are now being assailed in this revision petition. Both the Rent Control Court as well as the Appellate Authority, on meticulous examination of the oral and documentary evidence, have recorded findings on all counts in favour of the decree holder.
2. The learned counsel for the petitioner has tried to persuade us to accept that there had been a surrender in favour of the original tenant and that a fresh tenancy was created in favour of the present petitioner by one Ammed Haji, and relied upon Exts. B1 and B5 in this regard.
3. Both the courts have arrived at a definite finding, based on the evidence, that there has been no surrender of tenancy, as the terms and conditions of the deed of surrender have not been complied with and there is nothing to show that possession was actually surrendered in favour of the original tenant. Interestingly, the said agreements, on which reliance has been placed, have not been signed by Ammed Haji, in whose favour it is claimed that the original tenant surrendered the tenancy and thereafter sought to claim a fre
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