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2016 Supreme(Online)(KER) 12818

HIGH COURT OF KERALA
P.N.RAVINDRAN, K.RAMAKRISHNAN, JJ
VINOD KUMAR – Appellant
Versus
M.A.MAMMED KOYA – Respondent


Advocates:
Sri.Srinath Girish

O R D E R

K. Ramakrishnan, J.

The tenant in R.C.P.No.110 of 2013 on the file of the Rent Control Court, Kozhikode is the revision petitioner herein. The rent control petition was filed by the respondents who are the landlords of the building, seeking eviction under sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965, hereinafter called as 'the Act' for short. The case of the petitioners in the rent control petition was that the petitioners' predecessor Madathilthodi Kunheebi who died on 11.1.1978, was the owner of the petition schedule building. After her death, the petitioners became the owners of the property. Abdul Latheef, one of the children of Kunheebi also died and his legal representatives are petitioners 4 to 7. The revision petitioner took the building on a monthly rent of Rs.550/- from Abdul Latheef. The rent was kept in arrears from 1.1.1007. Though notice was issued on several occasions, he did not pay the arrears of rent. The second petitioner wants to start a business in hardwares and paints in the petition schedule building and in the neighbouring rooms in the possession of Abdul Nazar and the room in the top floor. They have no other

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