JUDGMENT :

Anil K. Narendran, J.

The petitioners filed R.C.P.No.130 of 2017 before the Rent Control Court (Munsiff), Vatakara, a petition filed under Sections 11(3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of respondents 1 and 2 herein-tenants from the petition schedule shop room. The 3rd respondent herein is the alleged sub-lessee. In the Rent Control Petition, the tenants filed counter opposing the order of eviction sought for. The 3rd respondent filed separate counter. On 07.03.2019, the tenants and the alleged sublessee were set ex parte and the Rent Control Court passed an order of eviction under Sections 11(3) and 11(4)(v) of the Act. On 21.03.2019, the tenants filed I.A.No.528 of 2019 in R.C.P.No.130 of 2017, under Section 23(1)(h) of the Act, seeking an order to set aside the ex parte order dated 07.03.2019. In that application, the landlords filed a counter statement dated 24.06.2019. The delivery of the petition schedule shop room was effected on 23.05.2019, as evidenced by Ext.P5. The landlords-judgment holders have taken the risk of effecting delivery without giving notice to the tenants in the execution petition. The appli