B.N.PATNAIK, K.G.BALAKRISHNAN
Shahul Hameed & Ors. – Appellant
Versus
S. Gangadhara Warrier – Respondent
Balakrishnan, J.
One Nagoor Pichai Ahamed Kannu filed R.C.P. No. 170/81 against the respondent - tenant for eviction from a building on the ground of arrears of rent. Pending proceedings Ahamed Kannu died and the petitioners were impleaded as legal heirs. The Rent Control Court dismissed the application and an appeal was preferred against the order of the Tribunal before the Appellate Authority, namely, Sub Judge, Thiruvananthapuram. as R. C. A. 12/86. The first respondent was declared exparte in that proceedings and the appeal was allowed ordering eviction on the ground of arrears of rent. Petitioners later filed an application for execution of the order of eviction passed by the appellate authority. During the pendency of the application for eviction, Govt. by a notification issued under S.18 of the Act divested the powers of the appellate authority conferred on the Sub-Judge and by a separate notification conferred the powers of appellate authorities on District Judges in supersession of all previous notification on the subject. The respondent then filed I. A. No. 2729/93 before the 1st Additional District Judge to set aside the exparte order. The petitioners have con
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