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1984 Supreme(Ker) 70

PARIPOORNAN
RUKKIYA – Appellant
Versus
ABOOBACKER KOYA – Respondent


Judgment :-

1. The revision petitioners were petitioners in I.A. 5856 of 1983 in R.C. P. No. 139 of 1978 on the file of the Rent Control Court, Kozhikode-II. They are tenants. The respondents are landlords. The Rent Control Court passed an order of eviction against the revision petitioners under S.11(2)(b) of the Kerala Buildings (lease and Rent Control) Act on 31-7-1979. An appeal filed from the said order was dismissed by the appellate authority on 24 9-1981. The revision filed from the aforesaid order was dismissed on 8-8-1983 by the District Court. It is said that the revision petitioners deposited the entire arrears on 6-10-1983. They invoked S 11(2)(c) of the Act (Act 2 of 1965). S.11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is to the following effect:

"11(2)(c). The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow; and if the tenant deposits the arrears of rent with interest and cost of proceedings within the said period of one month or such fu












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