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1985 Supreme(Ker) 339

SUKUMARAN, THOMAS
KUNJAMMA – Appellant
Versus
GEORGE – Respondent


Judgment :-

1. This matter has been referred to a Division Bench by a learned single judge as he considered that the question involved in this case is of general importance which requires to be heard by a Bench of this Court. The question relates to the interpretation of the proviso to S.14 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short the Act'), regarding proper forum for preferring a revision.

2. Facts necessary for the disposal of this revision are these: An order of eviction has been passed by a Rent Control Court, which was confirmed in appeal. After the death of the landlord, one of his sons (the present respondent) filed an execution petition on behalf of himself and also as the power of attorney-holder of his brother, being the legal representatives of their deceased father. Without issuing any notice to the tenant (judgment-debtor) the Munsiff has ordered delivery on 8-1-1979 and the Amin reported that the delivery was effected on 8-1-1979. The judgment-debtor had challenged the said order for delivery and also the report of the Amin. He filed E.A. No. 64 of 1979 before the Munsiff 's Court for setting aside the delivery kychit holding that the deliv




















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