NIZZAR RAWTHER Vs. VARGHESE MATHEW

JUDGEMENT

(1.) First respondent is the landlord of a building, having six rooms let out to six tenants. He filed six rent control petitions against them for eviction. Though the rent control court ordered eviction on the grounds of bona fide need for own occupation and bona fide need for re-construction, appellate and revisional authorities confirmed the order only on the latter ground. Petitions were filed in 1967, but final orders in revisions were only in 1981. In 1989, first respondent filed six execution petitions for getting eviction. Petitions were contested on various grounds. All those grounds were rejected and delivery was ordered, which was confirmed in revision.

(2.) In these original petitions filed under Art.227 of the Constitution, one of the grounds raised before the execution court and revisional authority alone was canvassed.

(3.) In 1990, consequent on the formation of Pathanamthitta district, the area, where the building stands, became a municipality. Till then, it was a panchayat area and a licence for re-construction was not necessary. Plan of the proposed building alone was, 'therefore, produced in the rent control proceedings and not the licence. Kerala Building Rules, 1984, framed under S.344 read with S.222 of the Kerala Municipalities Act, became applicable. Since eviction was ordered without a licence being obtained and produced, it was contended that the order became in executable and it must be deemed to have been statutorily discharged within the meaning of S.47 of the Code of Civil Procedure read with S.14 of the Rent Control Act. Execution court and the revisional court rejected this contention.