KUNJIMON Vs. GOVINDAN NAIR

JUDGEMENT

(1.) THIS Original Petition is filed under Article 227 of the Constitution of India by the decree holder, landlord, who has presently filed Execution Petition No:604/2005 in RCP No:43/2003 before the learned Munsiff's Court, Chavakkad, seeking delivery of the building. By Ext.P2 order, this Court confirmed the eviction order. Thereafter, the respondent, tenant, filed an IA No:2425/2011 seeking six months time for peaceful surrender of the building. After hearing both sides, we passed Ext.P3 order granting to the petitioner, the time sought for, subject to the condition that the tenant files an affidavit before the Execution Court undertaking to surrender the building on or before 30.04.2012 (on expiry of six months) and undertaking that he will discharge the arrears of rent, if any, and will pay the occupation charges at the rate of Rs.300/- per month.

(2.) THE present Original Petition has been filed by the landlord complaining that even after the filing of Ext.P4 in compliance with the directions in Ext.P3 order, the tenant has not surrendered the building on the promised date and hence, it is prayed that the learned Munsiff's Court, Chavakkad, be directed to take up the appeal immediately and to see that the building is delivered over to the landlord.

(3.) HAVING anxiously considered the submissions addressed at the Bar, we are of the view that the Original Petition can be disposed of issuing the following directions to the learned Munsiff's Court, Chavakkad.