SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Ker) 1153

K.HARILAL, RAJA VIJAYARAGHAVAN V.
K. Ponnappan – Appellant
Versus
G. Chakrapani – Respondent


Advocates:
Advocate Appeared:
For The Petitioner: Sri. R. Azad Babu
For The Respondent: Sri. Harish (Amicus Curiae), Sri. K.S. Hariharaputhran, Sri. M.D. Sasikumar, Sri. George Mathew, Sri. Sunil Kumar A.G

JUDGMENT :

K. Harilal, J.

The petitioner is the Judgment Debtor/tenant against whom an Execution Petition was filed under Sec.14 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short the Act'), for executing an order of eviction passed under Sec.11(8) of the Act and the respondent is the Decree Holder/landlord therein.

2. The petitioner resisted the said Execution Petition contending that it was hopelessly barred by the law of limitation as the same was filed 10 years after passing of the order. According to him, the Execution Petition should have been filed within a 'reasonable time', as held by the Single Bench of this Court in Devaki v. First Additional District Judge [1998 (1) KLT 818]. It was also contended that the subsequent events, after passing of the order of eviction, have obliterated the bona fide need put forward in the Rent Control Petition. Now, the petitioner's son is conducting the Institute for which the order of eviction was sought for under Sec.11(8) of the Act, in a plot having 25 cents purchased by him for this purpose and that event obliterated the need for eviction.

3. The respondent contended that the period of limitation for executing an order






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top