KUNIYIL ABDULLA Vs. ABDUL HARIS K.

JUDGEMENT

(1.) Can waiver be claimed against a statutory obligation? Waiver in legal parlance is an elusive term. It takes shades from the situations. Waiver can be express or implied. Does receipt of unqualified payments by the landlord waive the statutory obligation of the tenant under Sec. 11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ? This is the short, but interesting question that arises in this Original Petitions.

(2.) Common revision petitioner is the tenant. He took on rent one shop room belonging to each of the respondents. Respective respondents filed R.C.P.No.4 of 2014 and R.C.P. No.5 of 2014 for eviction of the petitioner. Eviction ordered by the Rent Control Court under Sec. 11(2)(b) of the Act was confirmed by the Appellate Authority and eventually by this Court. The respondent pursued execution. The Munsiff, Kalpetta in E.P.Nos.60 of 2019 in R.C.P.No.4 of 2014 and E.P.No.61 of 2019 in R.C.P.No.5 of 2015 passed Ext. P2 order directing delivery. The petitioner filed R.C.R.P.Nos.1 and 2 of 2021 before the Additional District Judge-I, Kalpetta under Sec. 14 of the Act challenging Ext.P2 order. Both revision petitions were dismissed and these Original Petitions were filed challenging that order, Ext. P1.

(3.) Heard the learned counsel Sri.B.Krishnan appearing for the petitioner and the learned counsel Smt.V.Namitha appearing for the respondents in both the cases.