JUDGMENT

Appellant, faced with eviction proceedings under the Rent Control Proceedings, resisted the eviction by filing a claim petition under Order XXI Rule 99 of the Code of Civil Procedure , 1908 (CPC). The obstruction was raised by the claim petitioner/appellant on the ground that the decree in R.C.P No.38/2020, is not binding upon it.

2. The brief facts necessary for the disposal of the appeal are as follows:

2.1. The appellant/claim petitioner is a co-operative society represented by the Secretary. The 2^nd respondent entered into an agreement on 01.10.2018 with the 1^st respondent – landlord, seeking to take the petition schedule building on a monthly rent for the purpose of running the co- operative society. In the agreement itself, it is specifically mentioned that the rent due in respect of the petition schedule building shall be paid by the co-operative society. It appears that the rent was paid by the claim petitioner – society from its account directly to the account of the landlord. Later, the landlord filed an application for evicting the tenant from the premises under various grounds, as provided under the Kerala Buildings (Lease and Rent Control) Act , 1965. Curious