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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.Jayasankaran Nambiar, Preeta A.K., JJ
Leo – Appellant
Versus
Mumthas Beegam – Respondent
| Table of Content |
|---|
| 1. summary of eviction proceedings regarding rent arrears and owner's bona fide requirements. (Para 1 , 2 , 3) |
| 2. evaluation of evidence regarding rent default and the burden of proof for the second proviso to s.11(3). (Para 4 , 6 , 7) |
| 3. conclusion affirming eviction orders and granting a temporary extension for vacation of premises. (Para 8 , 9 , 10 , 11) |
JUDGMENT PREETA A.K., J.
This Rent Control Revision arises from a common judgment in R.C.P.Nos.25 and 26 of 2016 of the Rent Control Court, Irinjalakuda. The revision petitioner herein is the respondent in R.C.P.No.25 of 2016 filed by the respondent herein.
2. The Rent Control Petition was filed by the respondent herein seeking vacant possession of the shop room bearing door no.11/121 of Irinjalakuda municipality under Sections 11(2)(b), 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 alleging arrears of rent from 01/11/2015 and also alleging bona fide requirement of the petition schedule building for commencing cement, paint and hardware business for the husband of the respondent. The revision petitioner resisted the Rent Control Petition on the ground that he is running a business there; t
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