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1966 Supreme(Ker) 114

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
Kunheema Umma – Appellant
Versus
Balakrishnan Nair – Respondent


Judgment :-

1. Defendants 1 to 4 are the appellants and the appeal arises out of an application filed by them for redelivery of the properties delivered to the decree holder-auction purchaser in execution of the decree.

2. The decree was for arrears of rent. In execution of the decree, the decree-holder purchased in court auction the leasehold interest of defendants 1 to 4 in the plaint items. The court sale was 25 31957. The

Kerala Stay of Eviction Proceedings Ordinance, 1957 (Ordinance I of 1957) came into force on 114-1957. Ordinance I of 1957 was replaced by the Kerala Stay of Eviction Proceedings Act, 1957 (Act I of 1957) which came into force on 315 1957. S.4 of the Act was to the following effect:

"Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, with effect on and from the commencement of this Act, no suit or other proceedings for eviction of a person from his holding or for the recovery of arrears of rent in respect of, or for damages for use and occupation of, the holding accrued due before the commencement of the Kerala Stay of Eviction Proceedings Ordinance, 1957, shall lie in any Court and all suits, proc

































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