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1975 Supreme(Ker) 150

G.BALAGANGADHARAN NAIR
M. V. ALI – Appellant
Versus
KUNJANNAMMA PHILIPOSE – Respondent


Judgment :-

1. S.14 of the Buildings (Lease and Rent Control) Act, provides so far as material that every order under S.11 shall "be executed by the Munsiff or if there are more than one Munsiff, by the Principal Munsiff having original jurisdiction over the area in which the building is situated as if it were a decree passed by him". The petitioners in these revisions are tenants against whom the respondents have obtained orders of eviction under S.11 of the Act. Three years after but within twelve years of the orders, the respondents made applications before the proper Munsiff under S.14 of the Act for executing the orders. The petitioners objected inter alia that the execution petitions were highly belated but this objection was rejected by the Munsiff. They carried revisions to the District Court, where however they did not press this objection. In these revisions which have been filed from the common order of the District Court, counsel for the petitioners contend that the execution petitions are barred by limitation as Art.137 of the Limitation Act 1963, which is the Article to apply, allows only three years and that the respondents cannot claim the benefit of the longer peri













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