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2007 Supreme(Online)(KER) 5106

HIGH COURT OF KERALA
K.A.ABDUL GAFOOR, K.R. UDAYABHANU, JJ
JANAKI AND ORS. – Appellant
Versus
C.M.MADHUSUDHANAN – Respondent


Advocates:
Sri.V.Rajagopal

ORDER

Udayabhanu,J.

The revision petitioners are the legal representatives of the deceased tenant who are under orders of eviction on the application filed under Section 11(3) of the Kerala Buildings (Lease & Rent Control)Act,1965 [Act 2 of 1965]{for short 'the Act'}vide the order of the Appellate Authority and reversing the finding of the Rent Control Court. The landlord had sought for eviction of three adjacent rooms used as dwelling units, out of which one of the tenants surrendered vacant possession on request. Another tenant against whom R.C.P.No.134/1998 was filed also surrendered vacant possession subsequent to the decision of the Rent Control Appellate Authority. The petitioners are the legal representatives of the other remaining tenant who died during the pendency of the proceedings. The bona fide need set up is for the residence of the brother of the respondent/landlord, who is residing in the tharwad house with his family. It is the case of the respondent/landlord that the brother of the petitioner (PW2) is faced with lot of difficulties in continuing the residence in the tharwad house wherein he has no proprietary right. The idea is to convert the three rooms into a sin

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