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K. Lubna and Others v. Beevi and Others

The case contended before us by learned counsel for the appellants is that there was one tenancy though there were different violations in different portions of the tenancy.

(Sanjay Kishan Kaul and K.M. Joseph, JJ.)

K. Lubna and Others ______________________________ Appellant(s);

v.

Beevi and Others _______________________________ Respondent(s).

Civil Appeal No(s). 2442-2443/2011, decided on August 29, 2019

The Order of the court was delivered by


Order

1. The case contended before us by learned counsel for the appellants is that there was one tenancy though there were different violations in different portions of the tenancy. Notice dated 15th December, 1987 is stated to be composite notice and one Eviction Petition was filed qua the whole premises. In this behalf our attention has been invited to Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to contend that even if tenancy is created in part of the premises, the entitlement for eviction is in respect of the whole premises.

2. In order to better appreciate this controversy, we would like to peruse the notice dated 15th December, 1987. A copy of the notice be placed on record. It would be also appropriate that the respondents file a copy of the written statement to the eviction proceedings. It is also open to the parties to file any other documents includes depositions as may support their case.

3. Needful be done within two weeks.

4. List as part-heard on 17th September, 2019.

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