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CDJ 2026 Ker HC 1220 My Notes print Preview print 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,
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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