LAWS(KER)-2012-7-732

MOLLY SEBASTIAN Vs. C.M. BHADRAN CHETTIPPARAMBIL HOUSE

Decided On July 20, 2012
Molly Sebastian Appellant
V/S
C.M. Bhadran Chettipparambil House Respondents

JUDGEMENT

(1.) THIS Writ Appeal is filed by the party respondent in the WP(C) against the interim order passed by the learned Single Judge wherein the KSEB is given freedom to disconnect the electricity connection given to the appellant. We have heard learned counsel for the appellant, learned counsel for the 1st respondent/petitioner, who took notice on admission, and also learned Senior counsel Shri.P.Santhalingam appearing for the KSEB.

(2.) AFTER hearing both sides, what we notice is that there is a dispute with regard to the title of appellant's property, where she is residing. According to the 1st respondent/petitioner, the property was under lease to a person, who is the brother -in -law of the appellant, who died. After the death of the original tenant, his brother's wife, namely the appellant, is residing in the house with family members. It is conceded that certain civil disputes were raised in Civil Court which pertain to title and all the cases are over. According to the 1st respondent's counsel, the appellant could not establish title over the property. However, the fact remains that the appellant is residing in the house, and if at all, she is to be evicted, the 1st respondent has to adopt due process of law for eviction.