T.RAMAPRASADA RAO
V. Ramaswamy Iyer – Appellant
Versus
K. Ramakrishnayya – Respondent
‘The petitioner in this case was the tenant against whom an order for eviction was obtained by the respondent landlord on 3rd August, 1957. The agreed rent payable by the petitioner to the landlord was Rs. 21 per month. After the respondent secured an order of eviction in 1957, he attempted to execute the same in the years 1958 and 1961. In fact, it appears that when the execution petition was filed in 1958, a warrant for possession was also issued. It is not, however, clear from the record as to the circumstances under which the execution petition was withdrawn by the landlord. After the withdrawal of the execution petition in 1958, the landlord again filed a petition for possession in the year 1961 which again appears to have been dismissed; the reasons for dismissal, however, are not clear. Thereafter, the Limitation Act of 1963 was enacted which gave apparently to the landlord the benefit to execute the decree within a period of 12 years from the date it was passed. No steps were taken by the landlord till 1966 when he filed E.P. No. 751 of 1966 for delivery of possession as per the order of the Rent Controller in the main petition obtained by him in August, 1957. This was
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