HIGH COURT OF KERALA
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(1.) Are the legal heirs of a deceased tenant entitled to the protection of S.11(17) of the Kerala Buildings (Lease and Rent Control) Act This is the short question referred to us by the Division Bench.
(2.) The crucial facts on the relevant aspect are all admitted. The landlord claimed eviction of the tenant under S.11(2), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as the Act. The learned Rent Control Court rejected the claim in toto. In appeal the Rent Control Appellate Authority directed eviction under S.11(2), 11(3) and 11(4)(iii). In the revision petition the direction for eviction under all these Sections is assailed.
(3.) To defend the claim under S.11(3), the tenant had claimed the protection of S.11(17) of the Act. Admittedly the petitioner herein was not the original tenant. The then landlord had entrusted the building in dispute to the father of the present tenant as per a registered lease deed executed in 1919. The original tenant expired in 1941. The tenant was carrying on a business in the building. That business was continued by his legal heirs including the tenant herein. The legal heirs / sons entered into a partnership in 1951. Ext.B4 renewal deed was executed by the tenant herein. In these circumstances it was contended before the Rent Control Court and the Rent Control Appellate Authority that the tenant is entitled to the protection of S.11(17) of the Act.;
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