MOOSA Vs. JYOTHI

JUDGEMENT

(1.) The question that arises for consideration is whether a court which executes the order of eviction passed by a Rent Control Court has got the right to order restitution.

(2.) The revision petitioner obtained an order of eviction under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, (Act 2/1965) against the respondent herein from the Rent Control Court, Kalpetta in R. C. P. No. 34 of 1994. In execution of the order, petitioner got delivery. The tenant then filed an application under S.11(2)(c) of the Act and that was allowed. The landlord has taken up that order in appeal and it is pending. In the meantime, on the strength of the order under S.11(2)(c) of the Act, the tenant moved the execution court seeking redelivery. As per the impugned order, the Execution Court allowed the petition of the tenant for redelivery in view of the subsequent order under S.11(2)(c) of the Act and that is the order impugned herein.

(3.) The revision petitioner contends that the execution court has no jurisdiction to invoke power under S.144 of the C.P.C. and that such a petition has to be moved before court which passed the order for eviction. The tenant would contend that the Rent Control Court is not vested with power under S.144 of the C.P.C. and in view of that position, petition for restitution can be filed only before the execution court which had effected delivery.