JUDGMENT :

P.G. AJITHKUMAR, J.

1. Can waiver be claimed against a statutory obligation? Waiver in legal parlance is an elusive term. It takes shades from the situations. Waiver can be express or implied. Does receipt of unqualified payments by the landlord waive the statutory obligation of the tenant under Section 11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965? This is the short, but interesting question that arises in these Original Petitions.

2. Common revision petitioner is the tenant. He took on rent one shop room belonging to each of the respondents. Respective respondents filed R.C.P. No. 4 of 2014 and R.C.P. No. 5 of 2014 for eviction of the petitioner. Eviction ordered by the Rent Control Court under Section 11(2)(b) of the Act was confirmed by the Appellate Authority and eventually by this Court. The respondent pursued execution. The Munsiff, Kalpetta in E.P. Nos. 60 of 2019 in R.C.P. No. 4 of 2014 and E.P. No. 61 of 2019 in R.C.P. No. 5 of 2015 passed Ext. P2 order directing delivery. The petitioner filed R.C.R.P. Nos. 1 and 2 of 2021 before the Ad