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2009 Supreme(Online)(KER) 19959

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, P.Q.BARKATH ALI, JJ
KUTTANPOYIL VELAYUDHAN – Appellant
Versus
KEELOTH MEETHAL VASU – Respondent


O R D E R

Pius C. Kuriakose, J.

The landlord is in revision against the judgment of the Rent Control Appellate Authority. Eviction was sought for invoking the ground of arrears of rent and own occupation. Order of eviction was passed under Section 11(2)(b) and that decision was not challenged by the tenant. We are therefore, not concerned in this revision with the correctness of the order of eviction passed under Section 11(2)(b). We will only observe that an order under Section 11(2)(b) is only a tentative order which is liable to be vacated at the instance of the tenant depositing the entire arrears of rent with statutory interest and cost invoking the provisions of Section 11(2)(c).

2. The case of the landlord was that the building in question which appears to be a three room apartment portion of a larger building, is needed bonafide for the residential occupation of the landlord's daughter Lalitha, son-in-law, PW2 and their children. It is specifically alleged in the R.C.P. that the daughter and son-in-law are put up in the family house of the son in law where apart from them, the son in law's brothers and sister are also residing. It was urged that considerable inconvenience is b

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