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2008 Supreme(Online)(KER) 43445

HIGH COURT OF KERALA
K.BALAKRISHNAN NAIR, P.N.RAVINDRAN, JJ
GAYATHRI DO LATE MOORKOTH BALAKRISHNAN – Appellant
Versus
KUTHOOR NARAYANI AMMA – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  • The case involves a dispute over eviction of tenants from a shop room under the Kerala Buildings (Lease and Rent Control) Act, 1965, specifically Sections 11(2)(b) and 11(4)(v) (!) (!) .
  • The landlords sought eviction due to the tenants ceasing to occupy the premises for over six months without reasonable cause and for rent arrears since December 2001 (!) .
  • The tenants and their representatives claimed that after the original tenant's death, the successor started various businesses in the shop, including agency, book, construction supervision, and marriage bureau, and that rent was paid periodically, with some payments refused by the landlords (!) (!) .
  • The Rent Control Court and the Appellate Authority found that the tenants failed to prove continued occupation or that RW1 was conducting the claimed businesses in the premises (!) (!) .
  • An Advocate Commissioner inspected the premises on the date the petition was filed and reported that the shop was in a locked, apparently long-closed condition (!) (!) (!) .
  • The courts emphasized the tenants' failure to produce sufficient evidence to support their claims of ongoing business activity, and noted the tenants' conduct regarding rent payments and the lack of credible proof of occupation (!) (!) (!) .
  • The courts concluded that the tenants had ceased to occupy the premises without reasonable cause for over six months, justifying eviction under the relevant section of the Act (!) (!) .
  • The appellate and lower courts' findings were supported by the evidence and were not considered perverse, leading to the dismissal of the revision petition (!) (!) .

Please let me know if you need a specific legal analysis or further assistance.


ORDER

Ravindran,J.

Respondents 1, 2 and 4 in R.C.P.No.34 of 2002 on the file of the Rent Control Court (Munsiff), Payyannur are the petitioners in this revision petition filed under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act"). Respondents 1 and 2 herein as land lords sought eviction under Sections 11 (2)(b) and 11(4)(v) of the Act. The prayer for eviction under Section 11 (2)(b) of the Act was not pressed. By order passed on 22.3.2003, the Rent Control Court ordered eviction of the petitioners and the third respondent herein under (4)(v) of the Act. The petitioners herein thereupon filed R.C.A.No.153 of 2003 in the Rent Control Appellate Authority, Thalassery. By judgment dated on 23.2.2007 the Appellate Authority affirmed the order passed by the Rent Control Court and dismissed the appeal. The order passed by the Rent Control Court and the judgment of the Rent Control Appellate Authority affirming it are under challenge in this revision petition.

2. Respondents 1 and 2 herein are the co-owners of the petition schedule shop room. The said shop room was let out on a monthly rent of Rs.200/- as per Ext.A1 kaichit dated 2

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