KRISHNA IYER Vs. RAMAKRISHNA IYER

JUDGEMENT

(1.) This is an appeal by the decree holder against an order in execution dismissing his application for recovery of possession of the decree schedule property. The decree was one for recovery of possession of a property with a building thereon on deposit of certain amount in court. The 1st defendant who opposed the application for execution contended that the building was not liable to be surrendered as it was situated in an area where the Kerala Buildings Lease and Rent Control Act, Act 16 of 1959 as amended by Act 29 of 1961, hereinafter referred to as the Act, was in force, and that the conditions necessary for recovery of possession were not satisfied in the case.

(2.) The execution court held that the defendant was not entitled to resist the application for delivery of possession for the reason that the area where the building is situated was not an area to which the Act applied, and therefore it allowed the application of the decree holder. On appeal by the 1st defendant, the lower appellate court held that the area where the property is situated was one to which the Act applied, and therefore the decree holder was not entitled to recover possession.

(3.) Originally the property which was sought to be recovered was within the area of the Chowghat Panchayat. The Act was extended to the Chowghat Panchayat by a notification of the Government. That notification is as follows: