J U D G M E N T

A.HARIPRASAD, J.

Heard the learned counsel for the petitioner and respondent.

2. The petitioner is the tenant/respondent in R.C.P.No.14/2015 before the Rent Control Court (Munsiff Magistrate), Sulthanbathery. The respondent/landlord filed an eviction petition urging grounds under Sections 11(2) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965. The tenant was set ex parte and an eviction order was passed. The tenant filed Exts.P2 and P3 applications to set aside the ex parte order and to condone delay in filing such application. Those applications were dismissed by Exts.P4 and P5 orders, finding that the Rent Control Court has no authority to invoke Section 5 of the Limitation Act on the basis of the decision in Ratheesh V. vs. A.M.Chacko and anr. (2018(5) KHC 35). Exts.P4 and P5 orders are challenged in this proceedings.

3. A question whether Rent Control Court is having power to invoke Section 5 of the Limitation Act was referred to a Full Bench and the Bench answered the question in the affirmative by order dated 03.12.2020 in Faisal v. Vikas Chacko (2020(6) KLT 722). In the light of the decision by the Full Bench, we are of the view that the Rent