JUDGMENT

Dated this the 22nd day of January 2021 Hariprasad, J.

Heard the learned counsel for the petitioner and respondents.

2. Petitioner is the respondent/tenant in R.C.P. No. 41 of 2016 before the Rent Control Court, Tirur. He was sought to be evicted by the respondents/landlords under Sections 11 (3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, “B.R.C. Act”). Petitioner remained absent at the time of trial and he was set exparte. Ext.P1 is the order of eviction passed against the petitioner exparte. Petitioner filed Ext.P3 application to set aside the exparte order along with Ext.P2 application to condone the delay in filing the application. Rent Control Court dismissed the delay condonation petition and consequently the petition to set aside the exparte order finding that the ratio inRatheesh v. A.M.Chacko and another ( 2018 (5) KHC 35 ) clearly shows that the Rent Control Court has no authority to invoke power under Section 5 of the Limitation Act . The decision inRatheesh's case was doubted and referred to a Full Bench. A Full Bench of this Court inHamsa K.K. and others v. Athikottu Snehaletha and others ( 2020 (6) KHC 609 ) by judgment da