M/S. Musthafa & Almana International … vs Smartcity (Kochi) Infrastructure Pvt. … on 31 July, 2025

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Dr. A.K. Jayasankaran Nambiar, J.

The challenge in this O.P(RC) is to the order dated

19.05.2025 passed by the Rent Control Court in R.C.P.No.134 of 2020

that was filed by the Smart City (Kochi) Infrastructure (P) Ltd

[hereinafter referred to as the ‘Developer’] seeking to evict the

petitioner firm under Section 11 (2) (a) and (b) of the Kerala Buildings

(Lease and Rent Control) Act, 1965 [hereinafter referred to as the

‘KBLR Act’]. The case throws up an interesting question regarding the

interplay between the provisions of the Special Economic Zones Act,

2005 [hereinafter referred to as the ‘SEZ Act’] and the provisions of the

KBLR Act, especially in the context of the remedy of eviction of a

defaulter tenant, available to a landlord under the KBLR Act. The brief

facts necessary for a disposal of the original petition are as follows:

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