KURUVILLA ABRAHAM Vs. JOHN

JUDGEMENT

(1.) Defendant in O.S. 216 of 1983 of the Munsiff's Court, Thiruvalla is the appellant The respondent (landlord) filed the suit claiming eviction of the tenant (appellant) from the building with mesne profits. The suit was decreed on 4-12-1985. A.S. 149 of 1986 filed against the judgment and decree of the Trial Court was dismissed on 7-8-1987. While the appeal was pending, the area (Kuttapuzha Panchayat area) in which the plaint schedule building is situated has been included as part of Thiruvalla Municipality. The notification was on 31-7-1987. That fact was not brought to the notice of the District Judge.

(2.) Contention of the appellant is that at the time when the judgment and decree were confirmed by the lower appellate Court the District Judge lacked jurisdiction in disposing of the matter by confirming the decree and so it is a nullity. On the other hand, learned counsel for the respondent submitted that it cannot be said that the decree is a nullity and at best appellant can raise his objection when the decree is sought to be executed on the ground that proceedings for eviction of the tenant can be initiated only under the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965.

(3.) It may be open to the appellant to raise the contention that notwithstanding the judgment and decree the respondent landlord can proceed only under S.11 of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). But the moot question that arises for consideration is whether the decree passed in favour of the respondent is a nullity in view of the fact that at the time when the decree was confirmed by the lower appellate court the District Judge lacked jurisdiction to try the suit.