PADIKKAL SURESH Vs. PRADEEPA

JUDGEMENT

(1.) These Original Petitions are filed under Article 227 of the Constitution of India. The common order, Ext.P2 dtd. 31/8/2018 of the Rent Control Revisional Authority (Additional District JudgeIII), Thalassery, in RCRP Nos.1 and 2 of 2006, which were filed under the proviso to Sec. 14 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) is under challenge. As per Ext.P2, order of the Execution Court (Principal Munsiff), Kannur, dtd. 19/10/2015, Ext.P1 was reversed.

(2.) R.C.P.Nos.63 and 67 of 1996 were filed by one Puthenpurayil Rajan. He was the landlord. He filed the Rent Control Petitions seeking eviction of the respective tenants under Sec. 11(3) of the Act. The order of eviction became final when this Court on 31/5/2011 dismissed the respective Rent Control Revisions preferred by the tenants. As per the order in the Rent Control Revisions, this Court directed the Execution Court to keep the execution proceedings in abeyance till 31/12/2011, subject to the following conditions:-

(3.) The respective tenants, who are the petitioners herein, did not file an affidavit as directed above. The landlord Sri.Puthenpurayil Rajan filed execution petitions for getting delivery of the respective petition schedule rooms. He could not, however, take delivery of the premises for, he died on 13/12/2011.