K.B. MOHANDAS Vs. JAYAPRAKASH

JUDGEMENT

(1.) The petitioner herein challenges Exhibit P9 order of the Rent Control Appellate Authority, Thrissur in RCRP No. 2 of 2014. The Rent Control Revision was filed by the respondent tenant challenging an order of the Principal Munsiff's Court, Thrissur in E.P. No. 1203 of 2014 in RCP No. 98 of 1996 by which, delivery was ordered in respect of the tenanted premises to the petitioner herein. The Appellate Authority has interfered with the order of the Execution Court and has set aside the same. It is the said order that is under challenge in this original petition.

(2.) The facts of the case are the following: - -

(3.) In the meantime, the respondent tenant had filed I.A. No. 5520 of 2012 in I.A. No. 11153 of 2010 for amending the petition. He had also filed I.A. No. 13145 of 2010 for impleading the petitioner herein as a party to the said petition. While so, I.A. No. 11153 of 2010 as well as the other petitions filed by the respondent tenant were dismissed for default by the Rent Control Court, Thrissur. I.A. No. 16301 of 2014 for restoration, filed by the respondent within time is pending.