UMMER Vs. ABDUL AZEEZ

JUDGEMENT

(1.) The questions which arise for consideration in these O.P. (RC)s are:

(2.) In terms of the compromise, the tenant vacated the building. However, the landlords did not pay the amount payable to the tenant. Therefore, the tenant filed an Execution Petition before the Munsiff's Court, Tirur, for realisation of Rs. 3,75,000/- together with interest. The landlords raised a contention that the petition schedule building being situated within the territorial limits of the Munsiff's Court, Parappanangadi, the Execution Petition was maintainable only before that court. Accordingly, the Execution Petition was returned for presentation before the court having jurisdiction. The tenant filed Execution Petition before the Munsiff's Court, Parappanangadi. That Execution Petition was returned stating that the amounts claimed in the Execution Petition exceeded the pecuniary limits of the jurisdiction of the Munsiff's Court. Thereafter, the tenant was compelled to file the Execution Petition before the Sub Court, Tirur.

(3.) The landlords (respondents in the Execution Petition) raised a contention that the award passed by the Lok Adalat is not an executable decree and the Sub Court, Tirur has no jurisdiction to proceed with the execution. The executing court dismissed the Execution Petition by the order dated 06.07.2011. The executing court, relying on the decision of a learned Single Judge in Govindankutty Menon v. Shaji, 2010 1 KerLT 43), held thus: