FATHIMATH NASEERA Vs. ABOOBACKER HAJI

JUDGEMENT

(1.) The petitioners in the Original Petitions are tenants of buildings belonging to the respondents. The Rent Control Petitions were filed by the landlord against the tenants under S. 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act. In the Rent Control Petitions, compromise petition was signed and filed by the tenants and the landlord. Clause (3) of the compromise reads as follows:

(2.) The tenants did not pay the arrears of rent within the time stipulated in me compromise. After me expiry of five months referred to in the compromise, the landlord filed Execution Petitions. The landlord also filed applications to dispense with notice to the tenants. Since two years had not elapsed from the date of the order, the executing court allowed the application to dispense with notice and ordered delivery.

(3.) Delivery was ordered to be effected on or before 23.1.2014. Amin attempted to deliver the property on 21.1.2014. The tenants obstructed delivery. These Original Petitions were filed on 23.1.2014 praying to set aside the proceedings dated 10.1.2014 in the Execution Petitions dispensing with notice to the tenants and ordering delivery of the property.