CHIRAYIL SUGATHAN Vs. ASEES

JUDGEMENT

(1.) Can a person claiming as a co-owner obstruct the delivery of a building, pursuant to an order of eviction obtained by another co-owner, is the question to be decided in this original petition filed under Article 227 of the Constitution.

(2.) The petitioner obtained an order of eviction against one Sadanandan, under the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the 'Act'). The order of eviction attained finality by dismissal of the revision (R.C.R.No.129/2016) by this Court as early as on 23/3/2017.

(3.) The first objection that was raised before this Court is on the maintainability of the original petition in the light of the remedy available to the petitioner to challenge the impugned order in appeal, as provided under Rule 103 of Order XXI CPC. We shall answer the objection relating to maintainability of the original petition at the later stage, after adverting to the nature of the right that can be claimed by a co-owner in objecting to the delivery of a building obtained by another co-owner.