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1998 Supreme(Ker) 159

K.A.ABDUL GAFOOR
Devaki – Appellant
Versus
1st Addl. District Judge – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The tenants in a rent control petition are the petitioners in this Original Petition, Challenge is against Exts. P1 and P2. The order of eviction passed against them was sought to be executed by the 3rd respondent. Petitioners raised objection before the execution court that the execution petition was barred by limitation. That objection was overruled in Ext. P1. Matter was taken up in revision by the petitioners. The revision was dismissed by Ext. P2 confirming Ext. P1 and holding that the execution petition was not hit by the provisions of limitations. It is in the above circumstances, petitioners have approached this Court challenging Exts. P1 and P2.

2. As the only issue is with regard to the limitation, it is necessary to advert to bear minimum facts. The landlord applied for eviction of the predecessor in interest of the petitioners under S.11(2)(b), 11(3) and 11(4)(iv) of the Kerala Buildings (Lease & Rent Control) Act. That was allowed as per order dated 23.2.77 on all the three grounds. The tenants took up the matter in appeals. As per the appellate judgment dated 23.6.78, the findings on the grounds available under S.11(3) and 11(4) (iv) we










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