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1998 Supreme(Ker) 436

RADHAKRISHNA MENON
SELVARAJ – Appellant
Versus
KANTHASWAMY – Respondent


Judgment :-

1. The predecessor-in-interest of the revision petitioner obtained an order for eviction of the respondents from the disputed building on the ground of bonafide need under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short, The Rent Control Act. The predecessor-in-interest of the petitioner died after the disposal of the revision petition by the District Court but before the disposal of the revision which was pending before this court. The revision before this court was dismissed in view of the ruling of the Supreme Court in Aundal Ammal v. Sadasivan Pillai (1987(1) K.L.T.53(SC)). The order for eviction thus became final.

2. The petitioner in his capacity as the legal representative of the landlord moved E. P. 187/87 under S.14 of The Rent Control Act to execute the above order. The executing court by the order under challenge dismissed the execution petition. The short order of the executing court reads:-

"The petition, is opposed by the other side for the reason that the petition was allowed under S.11 (3) of the Act for the bonafide need of the petitioner Manickammal. Since she is dead during the pendency of the C. R. P. in the High Court, th








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