KITTA Vs. KUTTAN

JUDGEMENT

(1.) REVISION arises from an order in execution. Petitioner before the executing court is the revision Petitioner.

(2.) REVISION Petitioner was a tenant in respect of a property which was recovered by the landlord in execution of a decree for arrears of rent. Properties were brought to sale in court auction and purchased by the landlord. Consequent to the Kerala Stay of Eviction Proceedings Act, 1967 the tenant moved an application for re -delivery on 1st January 1968. The petition was allowed and re -delivery was ordered on 23rd September 1974. When delivery of possession was attempted, 8th Respondent who is one of the legal representatives of one of the decree -holders resisted and claimed tenancy rights. After enquiry, the resistance was directed to be removed and re -delivery obtained on 12th February 1981. It was thereafter that Petitioner filed the petition, E.P. 215 of 1983, claiming mesne profits to the extent of Rs. 20,000 being the profits for the period from the date of filing the petition till date of delivery of possession. The executing court dismissed the petition holding that it cannot go behind the decree and the remedy of the Petitioner is to file an application before the court on the original side. Hence this revision.

(3.) HEARD counsel.