J U D G M E N T

Respondents 1 and 2 are the decree holders who preferred R.C.P.No.33/2013 before the Rent Control Court, Ernakulam for an order of eviction against the remaining respondents imputing tenancy right on them and obtained an order of eviction on 21.10.2014 under Section 11(2) (b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

2. The appellant is the claim petitioner in E.A.No.21/2015 in E.P.No.154/2014 of the Munsiff's Court, Ponnani. The aforesaid petition is filed by the appellant under Order XXI Rule 97 of the Code of Civil Procedure claiming independent right over the residential premises bearing Door No.255 in Ward No.32 of Ponnani Municipality. By the order dated 25.11.2017, the learned Munsiff dismissed the application. Feeling aggrieved, the appellant preferred first appeal before the Sub Court, Tirur. The first appeal was dismissed as per judgment dated 30.7.2021 in AS 68/2017 of the Sub Court, Tirur. Hence, this Execution Second Appeal.

3. The claim petitioner contends that the rent control proceedings is collusive in nature between the parties and the order of eviction passed therein is not executable as against her. She would