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2021 Supreme(Online)(KER) 47569

HIGH COURT OF KERALA
JANAMMA – Appellant
Versus
THE BRANCH MANAGER, UCO BANK LIMITED – Respondent


Advocates:
N.G.SURENDRAN, DEEPAK JOY K.

JUDGMENT

Ajithkumar, J.

Petitioners are the landlords-decree holders and the respondent is the tenant-judgment debtor in E.P.No.103 of 2013 in R.C.P.No.24 of 2012 on the file of the Principal Munsiff's Court, Kochi. Legality of Ext.P8 order is under challenge.

2. The petitioners filed R.C.P.No.24 of 2012 seeking eviction of the respondent under Section 11 (2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . The matter was later settled in the Lok Adalat as per Ext.P3 award. Ext.P2 is the compromise appended to the award. E.P.No.103 of 2013 was filed by the petitioners for execution of the said award. During pendency of the execution petition, entire rent due at the rate agreed to vide Ext.P3 was admittedly paid by the respondent. The petitioners, alleging that the respondent defaulted timely payment of the rent due to them on the respective dates as per Ext. P2, claimed that the respondent was liable to pay interest on the delayed payment. The learned Principal Munsiff as per Ext.P8 order rejected the said claim. On verification of the e-court services, it is found that the execution petition was eventually dismissed on 27.06.2018.

3. The learned counsel for the petitio

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