SALOMI Vs. SHERLY JACKSON

JUDGEMENT

(1.) The petitioner is the landlord who obtained an order of eviction against the 1st respondent in RCP No.5 of 2016 of the Rent Control Court, Irinjalakuda. Though the 1st respondent has preferred an appeal and revision, both the appeal and revision were dismissed. By Ext.P4 order passed by this Court in revision, six months time was granted to the 1st respondent to vacate the tenanted premises on condition that the 1st respondent shall file an affidavit with an undertaking that the tenanted premises will be vacated within two weeks from the date of receipt of a copy of the order. So also, the 1 st respondent was directed to deposit the entire arrears of rent within one month from the date of receipt of a copy of the order.

(2.) The grievance of the petitioner is that though the 1st respondent has not obeyed the conditions in the said order, without noticing the said fact, the Execution Court posted the execution proceedings to 19.06.2020. According to the petitioner, he is entitled to get vacant possession forthwith, on the failure of the 1 st respondent to comply with the directions of this Court contained in Ext.P4 order.

(3.) We have, by order dated 11.03.2020, directed the Registry to report, as to the date on which the 1 st respondent had filed an application to get copy of the order passed in RCR No.459 of 2019. It is reported by the Registry that the said RCR was disposed of on 18.12.2019 and a copy application was filed by the 1 st respondent only on 17.02.2020, though the copy was ready on 09.01.2020. Obviously, the 1st respondent has not obeyed the direction of this Court. Consequently, the Execution Court should have passed an order directing the 1 st respondent to vacate the tenanted premises, forthwith. But the Execution Court failed to do so.