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CDJ 2026 Ker HC 1220 print Preview print Next print
Court : High Court of Kerala
Case No : OP (RC) NO. 146 OF 2026
Judges: THE HONOURABLE CHIEF JUSTICE MR. SOUMEN SEN & THE HONOURABLE MR. JUSTICE V.M. SYAM KUMAR
Parties : Leelamma Bony Versus P.T. Elizabeth
Appearing Advocates : For The Petitioners: Sharan Shahier, Advocate. For The Respondents: ---
Date of Judgment : 06-08-2026
Head Note :-
Comparative Citation:
2026 KER 60300,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- None

2. Catch Words:
- Eviction
- Rent Control
- Petition
- Ex parte hearing
- Litigation delay

3. Summary:
The Rent Control Court observed that the petition was filed after a three‑year delay and had been set for ex parte hearing twice, indicating an intent to prolong litigation. It further held that the petition’s prayer was not legally tenable. The Court reiterated the settled legal position that a landlord, even if he has another source of income, may seek eviction to commence a new business or income‑generating activity, and that this principle does not warrant interference. Consequently, the Court found no merit in the petition and ordered its dismissal.

4. Conclusion:
Petition Dismissed
Judgment :-

Soumen Sen, C.J.

1. We have heard Mr. Sharan Shahier, learned counsel for the petitioner.

2. The observation of the Rent Control Court that the purpose of the petition is to drag on the litigation does not appear to be unfounded, having regard to the fact that the present petition was filed after three years and the matter was set down for exparte hearing on two occasions. The prayer made is also not legally tenable.

3. The observation of the Rent Control Court is that the settled position of law that even a landlord having another source of income can seek eviction to start a new business or income-generating activity, and that such legal position furnishes a ground for rejecting the said petition, does not call for any interference in this regard.

The original petition is accordingly dismissed.

 
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