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2009 Supreme(Ker) 965

PIUS C.KURIAKOSE, K.SURENDRA MOHAN
Ravi Varma Raja – Appellant
Versus
Munsiff’s Court (Rent Control Execution Court), Koylandy – Respondent


Advocates appeared:
For the Petitioner:P.K. Aboobacker (Edappally), Advocate.

Judgment :-

Pius C. Kuriakose, J.

Under challenge in this writ petition filed under Article 227 by the claimant in a proceeding for execution of an order of eviction passed by the Rent Control Court is an order passed by the Execution Court, viz. the Principal Munsiff Court dismissing the claim petition and directing delivery of the petition schedule building in favour of the respondents/decree holders.

2. Sri. V.V. Surendran, learned counsel for the second respondent/degree holder raises two preliminary points of objection. Firstly he submits that the remedy of the petitioner lies before the District Court in the form of a revision under Section 14 of Act 2 of 1965. Secondly, he submits that delivery is already effected.

3. As for the first point of objection, we notice the judgment of Balagangadharan Nair (J) in Kuruvilla V. Kesavan (1980 KLT 364), wherein the learned Judge holds that execution contemplated by Section 14 of the Rent Control Act is the execution of the orders against the parties thereto. It does not contemplate investigation of obstructions offered by third parties or the orders in such proceedings. According to the learned Judge, orders passed on obstructions and


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