LAWS(KER)-2004-12-24

KUNHALEEMMA T T P Vs. MUSTAFA

Decided On December 15, 2004
Kunhaleemma T T P Appellant
V/S
MUSTAFA Respondents

JUDGEMENT

(1.) The decision of the Rent Control Court, Kannur in R.C.P.No.22'3 of 1995 dated 21.8.1997 had been challenged by the tenant by way of R.C.A. No. 195 of 1997 before the Appellate Authority, Thalassery. Additional respondents 2 to 12, representatives had been brought in the array of parties in view of the demise of the first respondent. The deceased tenant was conducting a hotel business in the schedule premises and a petition had been submitted claiming eviction under S.11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act').

(2.) Rent Control Authority had held that the claim had been established and it was a case where the tenant had in his possession buildings reasonably sufficient for his requirement in the same town. The Appellate Authority also had accepted the findings and directions as tenable.

(3.) We had opportunity to hear Mr. M.C. Sen who appeared for the revision petitioners, when the matter was listed for admission.