KUNHALANKUTTY Vs. CHERACHUM VEETTIL MALIYAKKAL JAMEELA

JUDGEMENT

(1.) The tenant faces an order of eviction obtained by the landlord on the grounds under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short, 'the Act'). He challenges the impugned judgment passed in 2008 stating that, execution proceedings have been initiated by the landlord in complete disregard of the understanding entered into between them, after the eviction order was upheld by the Appellate Authority.

(2.) The landlord claimed eviction of the tenant for the purpose of starting a crockery and stationery business for the need of the dependent son of the landlord in RCP.No.26/2002 on the files of the Rent Control Court, Tirur. Though the tenant opposed the claim for bona fide need, the Rent Controller allowed the claim and directed eviction of the tenant on the ground of bona fide need, as per judgment dated 27.07.2005.

(3.) In appeal, the Appellate Court confirmed the order of eviction by its judgment dated 25.08.2008. According to the tenant, while the appeal was pending, an agreement was entered into between the landlord and the tenant, as per which the landlord leased the same building once again to the tenant, due to which he continued in occupation of the building. The learned counsel for the revision petitioner submitted that a fresh lease agreement was executed between the parties and the tenant was under the belief that due to the new agreement between the parties, the order of eviction need not be complied with. However, after more than 8 years of the dismissal of the appeal, the landlord filed E.P.No.88/2017 and the learned counsel for the revision petitioner submitted that the execution proceedings is posted for delivery today (07.12.2020).