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1980 Supreme(Ker) 61

G.BALAGANGADHARAN NAIR
KURUVILLA – Appellant
Versus
KESAVAN – Respondent


Judgment :-

1. The short question involved in these revisions is whether an order allowing an application for removal of obstruction by a stranger in the course of the execution of an order for possession under S.11 of the Buildings (Lease and Rent Control) Act ("the Act" for short) is appealable under 0.21, R.103, Code of Civil Procedure ("Code" for short) or is only revisable under S.14 of the Act. The common petitioner in the revisions obtained an order from the Rent Control Court, Kottayam for evicting the tenant of certain premises. When he applied in the Munsiff 's Court, Kottayam for execution of the order the respondent in each case who is a stranger offered obstruction. The petitioner thereupon made separate applications for removal of the obstructions The execution court enquired into the applications and by its order dated February 22.1977 allowed them, removing the obstructions. From this order the respondents preferred two revisions in the District Court purporting to do so under the proviso to S.14 of the Act. The petitioner challenged the competency of the revisions by way of preliminary objection but the learned District Judge overruled the objection by a common ord




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