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M/s Automates vs Biju Philip

High Court Of Kerala · Decided on 25 March 2022 · Citation: (2022) 03 KL CK 0216

HON’BLE JUDGES
Anil K.Narendran, J · P.G. Ajithkumar, J
ACTS & SECTIONS REFERRED
Kerala Buildings (Lease and Rent Control) Act, 1965 — Section 11(2)(b), 11(3), 14
RESULT
Disposed Of
CASE NUMBER
Original Petition (RC) NO. 77 Of 2022
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Judgment

5 paragraphs · 350 words

P.G. Ajithkumar, J

1.

The petitioner suffered order of eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 in R.C.P.No.20 of 2021 on the file of the Rent Control Court (Additional Munsiff-III), Ernakulam. That is an exparte order. In the execution petition, E.P.No.241 of 2021, filed by the respondent-landlord, delivery was ordered by the Execution Court (Principal Munsiff), Ernakulam. The petitioner would contend that he has raised legally sustainable contentions and disregarding the said contentions, delivery was ordered on 22.03.2022. The petitioner submitted an application to get a certified copy of the said order was filed, but the same is yet to be issued. However, in the meantime, the respondent has been taking hasty steps to effect delivery. If it is so done, the petitioner would be unable to challenge the order of the execution court as provided in proviso to Section 14 of the Act, which is his legal right. The petitioner therefore requests to stay the further proceedings in E.P.No.241 of 2021 in R.C.P.No.20 of 2021 so as to enable him to challenge the orders of the execution order before the revisional court.

2.

Having heard the learned counsel appearing for the petitioner, we are of the view that the matter can be disposed of by dispensing with service a notice on the respondent considering the relief proposed to be granted.

3.

The petitioner has a right to approach the revisional forum, if he has a grievance against the order of the Execution Court. It is therefore appropriate to defer the delivery of the tenanted premises for a short period.

In the circumstances, we dispose of this petition by directing the execution court to issue a certified copy of the order dated 22.03.2022 in E.A.No.160 of 2022 in E.P.No.241 of 2021 in R.C.P.No.20 of 2021 on the file of the Principal Munsiff Court, Ernakulam, within a period of seven days from this date. The execution court is directed to defer the delivery of the tenanted premises, if delivery is not already effected, for a period of two weeks from this date.