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2014 Supreme(Ker) 691

K.T.SANKARAN, A.MUHAMED MUSTAQUE
UMMER – Appellant
Versus
PARIPARAMBAN ABDUL AZEEZ – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. T. KRISHNAN UNNI (SENIOR ADVOCATE.), SRI. SAJU.S.A., SMT. P.A. SHEEJA, SRI. JAMSHEED HAFIZ.

JUDGMENT

K.T. Sankaran, J.

The questions which arise for consideration in these O.P. (RC)s are:

i. Whether a compromise entered into before the Lok Adalat between the landlord and the tenant in a Rent Control Petition can be executed by the Civil Court? if so, whether it should be before the Munsiff's Court or before the Sub Court having pecuniary jurisdiction over the amount involved in the decree?

ii. Whether attachment of immovable property is compulsory before the court auction sale and whether such an objection can be raised by the judgment debtor before the sale?

2. The petitioners and others filed a Rent Control Petition before the Rent Control Court, Tirur, against the 1st respondent under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the "Act"). Originally, the Rent Control Petition was filed before the Rent Control Court, Parappanangadi and it was transferred to the Rent Control Court, Tirur. The parties to the Rent Control Petition settled their disputes before the Lok Adalat, organised by the Taluk Legal Services Committee, Tirur. The tenant agreed to vacate the petition schedule building in the Rent Control Petition. The land
























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