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2009 Supreme(Ker) 276

C.KURIAKOSE, C.K.ABDUL REHIM
J. Ramachandran Nair – Appellant
Versus
Lebba Kunju Ameer Hamsa, Proprietor – Respondent


Advocates Appeared:
For the Petitioners:K. Subash Chandra Bose, Advocate. For the Respondent:
R1, V. Chitambaresh (Sr.), T.C. Suresh Menon, Jibu P. Thomas, P.S. Appu, Advocates.

Judgment :-

Pius.C.Kuriakose, J.

Under challenge in this writ petition under Article 227 of the Constitution initiated by the landlord, is Ext.P8 order of the District Court, Kollam setting aside Ext.P7 order passed by the Munsiff, Kollam in E.P.No.52/2007 in RCP.No.5/1996 directing delivery of the building scheduled to RCP.No.5/1996 to the petitioner/landlord. It was very extensive submissions which were addressed before us by Sri.Subhashchandra Bose, learned counsel for the petitioner and Sri.V.Chitambaresh, learned senior counsel for the tenant/respondent. Sri.Subhashchandra Bose submitted that as an executing court, the duty of that court was only to execute the order of eviction. In this context, Sri.Subhashchandra Bose would place reliance on the judgment of this court in Velayudhan v. Addl. Dist. Court (1996(2) KLT 684). Learned counsel submitted that an order of eviction under Section 11(2)(b) had been finally passed by a Division Bench of this court in CRP.No.2611/2000. That judgment has become final. The order of eviction passed under Section 11(2)(b) was never got vacated by invoking the powers of the rent control court under Section 11(2)(c). The tenant respondent did fi






















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