RUKKIYA Vs. ABOOBACKER KOYA

JUDGEMENT

(1.) The revision petitioners were petitioners in I. A. 5856 of 1983 in R. C. P. No. 139 of 1978 on the file of the Rent Control Court, Kozhikode-II. They are tenants. The respondents are landlords. The Rent Control Court passed an order of eviction against the revision petitioners under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act on 31-7-1979. An appeal filed from the said order was dismissed by the appellate authority on 24 9-1981. The revision filed from the aforesaid order was dismissed on 8-8-1983 by the District Court. It is said that the revision petitioners deposited the entire arrears on 6-10-1983. They invoked S 11(2)(c) of the Act (Act 2 of 1965). S.11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is to the following effect:

(2.) Admittedly the arrears were deposited and the court moved more than one month after the order was passed by the District Court in revision.

(3.) It is conceded that CRP. No. 2646 of 1983 was dismissed by my learned brother Justice Sri. K. Sukumaran on 28-9-1983 The revision was dismissed in limine. According to the revision petitioners, the order passed by the District Court in revision on 8-8-1983 has merged in the order passed by this court in CRP. No. 2646 of 1983 dated 28-9-1983 and so, the period of one month should be calculated from the date of rejection of the Civil Revision Petition by this court, i.e. from 28-9-1983.