M.M. Pareed Pillay, J.

1. Revision petitioner is the decree holder. The suit filed by her (O.S.363 of 1988) for eviction on the ground of arrears of rent was decreed in her favour. While delivery of the property was sought in execution, it was resisted mainly on the ground that the Kerala Buildings (Lease & Rent Control) Act, 1965 has been made applicable to the area where the property is situated and hence the Executing Court has no jurisdiction to evict the respondents.

2. The decree schedule property was situated in a part of Vythiri Panchayat where the Act was made applicable with effect from 1-5-1971. Vythiri Panchayat was bifurcated and a new panchayat viz. Pozhuthana Panchayat was formed. Portion of Vythiri Panchayat and that of another panchayat constitute the Pozhuthana Panchayat. Contention of the revision petitioner is that the Act has not been made applicable to Pozhuthana Panchayat and merely because a portion of Vythiri Panchayat forms part of the newly constituted Panchayat the Act would not apply to that area. Case of the respondents is that formerly the decree schedule building was in Vythiri Panchayat and though it is now in Pozhuthana Panchayat the Act would