KURIEN Vs. CHACKO

JUDGEMENT

(1.) This is a petition under S.115 of the Code of Civil Procedure, 1908. The order sought to be revised is the order of the District Court of Kottayam in O.P. No. 54 of 1960.

(2.) The petitioner was ordered to be evicted by the Rent Control Court of Kottayam in B.R.C. No. 19 of 1957 by an order dated 16-9-1958. He filed an appeal from that order before the Subordinate Judge of Kottayam, C.M.A. No. 29 of 1958, and then an application for revision before the District Court of Kottayam, B.R.C Revision No. 1 of 1959. The appeal was dismissed on 20-12-1958 and the application for revision on 31-3-1959.

(3.) On 3-4-1959 the petitioner deposited the arrears of rent with interest and costs in the Rent Control Court and prayed that the order for eviction be vacated under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1959. The prayer was allowed. The landlordappealed to the Subordinate Judge of Kottayam, B.R.C. Appeal No. 3 of 1959 and succeeded in the appeal. The petitioner then filed O.P. No. 54 of 1960 before the District Court of Kottayam and sought a revision of the order of the Subordinate Judge in appeal. That petition was dismissed on 8-4-1960, and it is that order of dismissal that is sought to be revised by this petition before us.