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2019 Supreme(Ker) 524

A.HARIPRASAD, SHIRCY V.
Faisal – Appellant
Versus
Vikas Chacko – Respondent


Advocates Appeared:
For the Petitioners: B. Premnath, Mani Govinda Marar, S. Nirmal, Veena Hari, Jacob P. Alex, P. Manu Sankar, Joseph P. Alex, V.V. Surendran, C.S. Manilal, S. Nidheesh, Babu Cherukara, C.T. Mathew, P.A. Salim, K.K. Alias, Rosamma Mathew & C.M. Mohammed Iquabal
For the Respondents: Nirmal V. Nair, P.K.Muraleedharan, K.M.Firoz, M.Shajna & Government Pleader P.A.Harish As Amicus Curiae

ORDER

A. Hariprasad, J.

Common challenge in the captioned cases is against the ratio in Ratheesh v. A.M.Chacko and another, 2018(5) KHC 35 rendered by a Division Bench of this Court, wherein it is held that the Limitation Act, 1963 (in short ‘the Limitation Act’) is not applicable to the proceedings before the Rent Control Court, constituted under S.3 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short ‘the Act’).

2. We heard the learned counsel, who challenge the ratio in Ratheesh’s case (supra) as well as those learned counsel, who support the ratio.

3. Before going into various legal issues raised, we shall first consider the facts in Ratheesh’s case. First respondent in Ratheesh’s case filed an eviction petition before the Rent Control Court, seeking eviction of the second respondent from three rooms. The petitioner before this Court is the second respondent, who suffered an ex parte order of eviction at the hands of the Rent Control Court. He moved an application to get the ex parte order set aside as per R.13(3) of the Kerala Buildings (Lease and Rent Control) Rules, 1979 (in short ‘the Rules’). The application should have been filed within 15 days from the date

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