PANKAJAKSHI AMMA Vs. S SAROJAM

JUDGEMENT

(1.) The point arising in these two O.Ps. deals with the applicability of O.22 of CPC to. proceedings under the Kerala Buildings (Lease & Rent Control) Act, 1965 (hereinafter called the 'Rent Control Act'). The matter has been referred to a Division Bench by a learned Single Judge of this Court.

(2.) In O.P.No.8350 of 1989, the legal representatives of the deceased-tenant are the petitioners. In that case what happened was that when the matter was pending in appeal before the appellate authority (Subordinate Judge) the tenant died on 1-1-1989, and the legal representatives filed an application, I.A.No.218 of 1989 on 16-2-1989 as .per Ext. P3. Subsequently, they filed another application, I.A. No.367 of 1989 on 15-3-1989 under O.22 R.9(3) read with S.22 of the Rent Control Act for condonation of delay, and sought for settling aside abatement. Those two applications were dismissed by the appellate authority under Ext. P5 order dated 10-7-1989, and on the same day, under Ext. P5(a) the appeal itself was dismissed.-Against the said orders the petitioners filed R.C.R.P.Nos.34 and 35 of 1989 before the District Court. The learned District Judge dismissed both the Revisions as per Ext. P7 order dated 6-9-1989. It is against this order that O.P.No.8350 of 1989 has been filed.

(3.) In OP No. 13410 of 1991, the tenant is the petitioner. In that case eviction petition was filed in 1983 and was allowed on 31-10-1985 as per Ext. P1 order. The tenant preferred appeal before the appellate authority (Sub Court) and the same was dismissed on 11-1-1989 as per Ext. P2. Then the tenant preferred R.C.R.P.No.22 of 1989 before the District Court, Kozhikode. During the pendency of that Revision, the landlord died on 15-1-1990. The tenant filed I.A.No.721 of 1990 on 21-3-1990 for impleading the legal representatives of the landlord in the revision petition and I.A.No. 722 of 1990 to amend the cause title. These two I.As. were dismissed by the learned District Judge under Ext. P3 order dated 19-11-1991. On the same day under Ext. P4 the Revision itself was dismissed. Questioning the same the tenant has preferred O.P.No.13410 of 1991.