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1984 Supreme(Ker) 128

PARIPOORNAN
RAMAN – Appellant
Versus
KARTHIKEYAN – Respondent


Judgment :-

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






















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