IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
MOOSAKUTTY T. – Appellant
Versus
ABDUL SALEEM – Respondent
This Rent Control Revision is filed challenging the judgment of the Rent Control Appellate Authority, Thalassery, in R.C.A. No.70/2024, which arises from the order of the Munsiff Court, Kuthuparamba, in R.C.P. No. 39/2021. The R.C.P. had been filed by the landlord seeking eviction under Section 11 (2) and (3) of the Kerala Buildings (Lease and Rent Control) Act , 1965. A claim for enhancing the rent has also been raised therein. The Rent Control Court had, vide order dated 30.03.2024, allowed the R.C.P. holding that the arrears of rent as under (2) had been outstanding and that, a case had been made out for directing eviction on the ground of non payment of arrears of rent. Further, as regards Section
11(3), it was concluded that the bonafide need of the landlord had been validly proved entitling an order of eviction as the said ground too. Thus, under Section 11 (2) (a)(b) and (3), it was held that the landlord is entitled to get vacant possession. As regards the fixation of fair rate, an amount of ₹5000/- was fixed as fair rate after taking note of the contention of the parties.
2. In the Rent Control Appeal that was filed by the petitioner/tenant, the Rent Control Appellate A
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