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2017 Supreme(Online)(KER) 34294

HIGH COURT OF KERALA
K.HARILAL, A.M.BABU, JJ
M I SHAJAHAN – Appellant
Versus
ALICE @ ALICE GEORGE    Advocate - GOPAKUMAR R THALIYAL, ,GOPAKUMAR R THALIYAL,R B RAJESH – Respondent


O R D E R

Harilal, J.

Revision petitioner is the landlord who is confronting with an order dismissing the Rent Control Petition which was filed under section 11(2)(b), 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short “the Act”). Though he had preferred an appeal before the Appellate Authority, the Appellate Authority also confirmed the findings of the Rent Control Court as such and dismissed the appeal. Thus, concurrent findings under section 11(2)(b), 11(3) and 11(4)(ii) have come up in revision filed by the landlord. The parties are referred to as in the Rent Control Petition.

2. According to the petitioner, the rent was in arrear from January 2011 onwards. Though, he had issued a statutory notice to the respondent, the arrears of rent was not paid within the stipulated time as required in the notice and thereby he is entitled to get an order of eviction under section 11(2)(b). Further it was averred that he is an NRI and he intends to start a mobile phone shop with accessories business in the petition schedule shop room as it is suitable for conducting the said business. So also it was contended that the respondent has been using the shop

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