MOHANDAS K.B. Vs. SYAMALA

JUDGEMENT

(1.) The above revision has been filed against the order, dismissing E.P.No.23/2015 in O.S.No.159/1994 on the file of the Munisff Court, Mannarkkad. The suit was filed by the predecessor of the revision petitioners as O.S.No.159/1994 for recovery of possession of the building which was let out to the predecessor of the respondents. The building is situated in an area where the provisions of Rent Control Act is not extended. The suit was decreed as per Annexure A -1 Decree and it was confirmed in A.S.No.24/2002 on the file of the Sub Court, Ottapalam. The original plaintiff died during the pendency of the appeal and the present petitioners have been impleaded as additional respondents in the appeal as his legal heirs and the appeal was also dismissed. The present petitioners filed E.P.No.23/2015 for executing the decree which was dismissed by the court below on the ground that the subject matter of the suit is destroyed and delivery could not be effected. This is being challenged by the revision petitioners before this Court.

(2.) Though notice was served on the respondents, they did not appear.

(3.) Heard Shri.C.P.Peethambaran, the learned counsel for the revision petitioners.