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2005 Supreme(Ker) 814

R.BHASKARAN, K.R.UDAYABHANU
John Decruz – Appellant
Versus
Richard – Respondent


Advocates Appeared:
For the Petitioner: E.V. Nayanar.
For the Respondents: V. Ramkumar Nambiar.

JUDGMENT :

K.R. Udayabhanu, J.

The writ petitioner was the respondent in RCP 345/1999 whose application in the execution proceedings to recall the warrant of delivery on the basis that he obtained purchase certificate of the premises in the meantime, was turned down concurrently by the courts below. The issuance of a writ of certiorari to quash the above orders is the relief sought for. During the pendency of the post adjudication proceedings in the Rent Control Court, the tenant/writ petitioner had independently initiated proceedings before the Land Tribunal and obtained purchase certificate contending that he is a hutment dweller (kudikidappukaran). The validity and legitimacy of the above detached and independent proceedings before the Land Tribunal after squarely the issue of the right to eject him from the premises was held against him in the Rent Control proceedings is the point put forward for consideration of this Court right now. Aside front the above question, the reliance placed by the writ petitioner on the decision of Division Bench of this Court in Abdulrahiman v. Abdulla Haji (1991 (1) KLT 702) that overruled Kamalakshi Amma v. Vijayan (1988 (2) KLT 498) and Kumaran Na






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