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1972 Supreme(Ker) 195

T.C.RAGHAVAN, K.BASKARAN
SAHADEVAN – Appellant
Versus
KESAVAN NAIR – Respondent


Judgment :-

1. The respondent filed an application for evicting the petitioner from a building under S.11(4) (iv) of the Kerala Buildings (Lease and Rent Control) Act. And the petitioner was directed to pay the arrears of rent and the rent accruing due pending the proceeding as contemplated by S.2(1) (1) of the Act. The petitioner failed to deposit the arrears; and consequently, as contemplated by sub-section (3) of S 12, the Rent

Control Court passed an order "directing the tenant to put the landlord in possession of the building",

2. This order was sought to be executed by the respondent, when objection was taken by the petitioner that the order was not executable. The Objection has been overruled by both the lower courts, and hence the civil revision petition. A learned judge of this Court considered the question to be of importance so as to be considered by a Division Bench and referred the matter to a Division Bench.

3. The first contention urged by the counsel of the petitioner is that, in S. '4 of the Act, an order passed under S.12 is not mentioned as an order executable, the orders passed under S.11 or S.13 or S.19 or S.33 alone having been included there. (We have excluded t








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