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2026 Supreme(Online)(Ker) 6475

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
MANEESH BABU – Appellant
Versus
DR.C.M.HYDERALI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.B.KRISHNAN-SR, SRI.K.M.ANEESH, SRI.ADARSH KUMAR, SRI.BIJU VARGHESE ABRAHAM, SRI.DILEEP CHANDRAN, SRI.SHASHANK DEVAN, SHRI.YADU KRISHNAN P.M.
For the Respondents: SRI.S.B.PREMACHANDRA PRABHU

O R D E R SOUMEN SEN, C.J .

The dispute arises out of an agreement which, according to the appellant, is not a tenancy agreement covered by the Rent Control statute. The landlord on the other hand contends that the Appellate Authority, had after detailed proceedings, directed payment of 50% of the arrears of rent and stayed the order impugned in the appeal. The petitioner thereafter filed I.A. No. 5 of 2025, seeking an extension of time to deposit the amount. It is stated that, due to financial constraints, the petitioner was unable to deposit the said amount. The Appellate Authority, by invoking its powers under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , dismissed the appeal and directed the revision petitioner to deliver possession of the property to the landlord within one month from the date of the order. The impugned order dated 11.07.2025 is presently under challenge. It is submitted that the landlord has not been put in possession yet.

2. The learned counsel appearing on behalf of the revision petitioner submitted that, without determination of the tenant-landlord relationship, the Appellate Authority could not have directed the payment of th

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