Abdul Gafoor, J.

This is a petition under Art.227 of the Constitution of India. Challenge is against Ext. P8 judgment, Ext. P9 decree and Ext. P10 order directing delivery. Ext. P8 is a judgment in a counter claim filed by the 3rd respondent in a suit filed by the petitioner as O.S.807/91 in the Munsiff Court, Cherthala. The petitioner remained ex-parte whereas the defendant filed affidavit in support of the counter claim. Accordingly, a judgment was rendered in the counter claim allowing the 3rd respondent to recover item No. 2 shed scheduled in the counter claim and Rs. 850/- with mesne profit at the rate of Rs. 300/- per annum from the date of counter claim till realisation with 6% interest. A decree was drawn in terms of the judgment as per Ext. P9. In execution thereof, as per Ext. P10 order, the petitioner was directed to deliver the said shed to the 3rd respondent over-ruling the objection that he had filed an application to set aside the ex-parte decree.

2. The petitioner is a tenant under the 3rd respondent company who had initiated proceedings to evict the petitioner as RCP 29/87 in the Rent Control Court, Cherthala, Alleging that the 3rd respondent is making ha