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2023 Supreme(Online)(KER) 19367

HIGH COURT OF KERALA
P. B. Suresh Kumar, SOPHY THOMAS, JJ
POTTI PURAYIL SHARAFUNNISSA
– Appellant
Versus

KANDAMBATH ACHAMVEETTIL SATHYA BHAMA – Respondent


Advocates:
P.M.UNNI NAMBOODIRI, ANISH JOSE ANTONY, ANJU MOHAN(K/916-D/2000)

JUDGMENT

P.B.Suresh Kumar, J.

The petitioner in this original petition is the sole respondent in E.P.No.67 of 2019 before the Munsiff Court, Payyannur. The execution petition was instituted by the respondent herein to execute an order of eviction obtained by her against the petitioner, in R.C.P.No.35 of 2013.

2. The order of eviction in R.C.P. No.35 of 2013 is one obtained by the respondent against the petitioner under the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) for eviction of a premises on 30.10.2014. Though an application has been filed by the respondent as E.P.No.58 of 2014 to execute the order of eviction in R.C.P.No.35 of 2013 earlier, the same was not pressed by her, as there was an arrangement between the parties to permit the petitioner to occupy the premises for five more years from 30.10.2014 on a higher rent. E.P.No.67 of 2019 was filed by the respondent on the expiry of the said term of five years for execution of the order in R.C.P.No.35 of 2013. The petitioner filed objections to the execution petition contending that inasmuch as a fresh arrangement has been arrived at between the parties after the order of eviction, the eviction petition is not ma

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