The main legal point established in the judgment is the court's interpretation of Order XXI R.35 CPC, which allows for the removal of obstruction in the execution of a warrant of delivery, and the court's jurisdiction to annul the order of the Principal Munsiff.

1. These two Original Petitions are filed under Art.226 and 227 of the Constitution of India by the same petitioner against the same respondent. In OP. No. 3368 of 1984, the Principal Munsiff, Cochin, is also impleaded as the 2nd respondent. But that is not necessary and has also no relevance in the light of the subsequent events and the nature of the final disposal of the case. The legality of the proceedings in execution of RCP. No. 148 of 1982 is in issue. The petitioner in the OPs. is the landlord of a building (No. VI/789 New number VI/807, New Road, Cochin-2.). He initiated proceedings for eviction under Kerala Buildings (Lease and Rent Control) Act. The tenant in RCP. No. 148 of 1982 is the respondent. The Rent Control Court, Cochin, passed an order of eviction against the tenant dated 7-9-1983. The litigation had a chequered career. Only the minimum facts necessary for these proceedings are mentioned herein. Suffice it to say, that on 15-2-1984, the Principal Munsiff ordered delivery of the decree schedule building on 23-2-1984. By an order passed on 17-3-1984, the court ordered delivery on 28-3-1984. The Amin was deputed to give possession of the building. One M. Ibrahim, on behalf of one Ramunni (or Raman Unni?) caused obstruction. On 29-3-1984 the petitioner-decree holder applied for warrant of delivery. This matter stood posted to 7-4-1984 and was adjourned from time to time for one reason or other. Finally, it stood posted to 15-6-1984. Dissatisfied with the same, the petitioner filed O.P. No. 3368 of 1984 in this court, praying that the Principal Munsiff, Cochin (2nd respondent) be directed to issue a second warrant of delivery to deliver the decree schedule building in RCP. No. 148 of 1982 by removing all obstructions under Order XXI R.35 CPC. and for other reliefs. Notice was ordered in the OP. The entire records were called up. A petition was filed praying for the grant of interim relief, CMP. No. 10164/84. It was for the issue of a second warrant of delivery even before 12-4-1984, to deliver the decree schedule building. Notice was ordered. Final orders were passed in the said petition, by my learned brother Justice Sri. V. Bhaskaran Nambiar during summer vacation, on 17-4-1984. It was represented before court, then, that the Munsiff's Court had issued a fresh warrant for delivery of the property to the landlord-decree holder (Petitioner).

So the petitioner was directed to take steps for delivery pursuant to the said order, The petitioner was also given liberty to execute any subsisting warrant issued by the Munsiff's Court. after the filing of OP. No. 3368 of 1984. The hearing of the E. P., adjourned to 15-6-1984, was advanced to 11-4-1984, and on that day a fresh warrant of delivery (mentioned earlier) was issued directing delivery of the building on 12-4-1984. It was because of this order, my learned brother Bhaskaran Nambiar J. passed the aforesaid order on 17-4-1984 in CMP. No. 10164 of 1984. On this second warrant, the Amin filed a report to the effect that, M. Ibrahim and his employees obstructed delivery, stating that they are not liable to vacate the building. So, no delivery could be effected. The decree-holder filed EA. No. 163 of 1984 (and EA. No. 156 of 1984) under Order XXI R.35 of the CPC. and also prayed for removal of the obstruction with the assistance of the Police. The learned Principal Munsiff, Cochin, by an order dated 12-4-1984, dismissed the petition. He held that the petitioner is not entitled to have the obstruction removed with the assistance of Police as prayed for. This order, Ext. P2, dated 12-4-1984 is challenged in the subsequent OP. No. 3721 of 1984. The prayer is to quash Ext. P2 order of the Principal Munsiff dated 12-4-1984 aforesaid and deliver the decree schedule building by removing the obstruction, if any, under Order XXI R.35 CPC. by this. Court or to direct the Munsiff's Court, Cochin to issue a warrant of delivery and deliver the building immediately by re