SHYJU.A., SHYJU NIWAS, MUKKAVALA Vs. MUHAMMED SHAJI

JUDGEMENT

(1.) EXHIBIT P7, order dated 08-02-2010 on I.A.No.1657 of 2011 in O.S.No.163 of 2008 of the Sub Court, Mavelikkara is under challenge.

(2.) RESPONDENT filed R.C.P. No.5 of 2003 in the Rent Control Court, Kayamkulam against petitioner for an order of eviction. That court passed order of eviction which the Rent Control Appellate Authority, Mavelikkara confirmed in R.C.A.No.10 of 2005 and by the revisional court in R.C.R.P.No.303 of 2007. Later, petitioner is said to have surrendered the shop rooms on 13-06-2008. He filed O.S.No.163 of 2008 in the Sub Court, Mavelikkara for recovery of money claiming that he had deposited certain amount with the respondent as security while taking the shop rooms on rent. To support that contention, he produced a receipt allegedly issued by the respondent. Petitioner has sought for return of the said receipt as per I.A.No.1657 of 2011. That application was dismissed by the learned Sub Judge observing that since the documents is superseded by a decree, It cannot be returned to the party.

(3.) I have heard learned counsel for respondent as well.