SUKUMARA PILLAI Vs. VASU PILLAI

JUDGEMENT

(1.) Petitioner seeks for the issue of a writ of certiorari or other appropriate decision or order quashing Ext. P5 order passed by the 5th respondent.

(2.) Petitioner is the tenant/respondent in B.R.C.O.P.No. 3/84 before the Rent Control Court, Mavelikara. The deceased first respondent and one Sivaraman Nair filed the B.R.C.O.P. for eviction before the Rent Control Court against the petitioner under S.11(2), 11(3), 11(4) (iv) and 11(5) of the Kerala Buildings (Lease and Rent Control) Act 2 of 1965. The Rent Control Court by order dated 21.12.85 allowed the petition for eviction under S.11(2) of the Act and disallowed the claim of eviction on the other grounds. A copy of the order passed by the Rent Control Court is marked as Ext. P1 in this petition. They challenged that order before the Rent Control Appellate Authority, Mavelikkara in R.C. A.No. 13/86. Since the petitioner did not deposit the arrears of rent inspite of granting four weeks time for deposit under S.12(2) of the Act and he remained ex parte, the Rent Control Appellate Authority by order dated 30.9.87 a copy of which is marked as Ext P2 herein, allowed the petition for eviction under S.11(2), 11 (3), 11(4)(vi) and 11(5) of the Kerala Act 2 of 1965 giving the petitioner option to deposit the arrears of rent within 60 days from the date of that order.

(3.) Meanwhile, the 2nd petitioner in B.R.C.O.P., the 2nd appellant in R.C. A. died and the first petitioner/first appellant in the R.C. A. along with the legal representatives of the 2nd petitioner filed E.P.No.59/89 before the Munsiff's Court, Mavelikkara, for delivery of possession. A true copy of the E.P. is marked as Ext. P3 in this O.P. The petitioner has contended that the order passed by the Rent Control Court is not executable since that order merged with the order passed by the Rent Control Appellate Authority in R.C.A.No. 13/86 and the Appellate Authority passed the order in R.C.A. 13/86 without impleading the legal representatives of the deceased 2nd appellant therein, that order is illegal and nonest. The petitioner also contended that the entire arrears of rent due as per S.11(2) of Kerala Act 2 of 1965 has been deposited by him and therefore, he is not liable for eviction under S.11(2) of the Kerala Act 2 of 1965. The Munsiffs Court overruled both these contentions and directed delivery of possession the building as per order dated 1.2.90. A true copy of that order is marked as Ext. P4. The petitioner challenged Ext. P4 order passed by the Munsiff's Court, Mavelikkara in E.P.No. 59/89 in revision before the Rent Control Revisional Court, Mavelikkara. The Revisional Authority by order dated 13.11.90 upheld the order for delivery of possession on the ground that the Rent Control Court had passed a valid order for eviction under S.11(2) of the Kerala Act 2 of 1965 and the arrears of rent is not deposited by the petitioner. The contention of the petitioner that the order passed by the Appellate Authority without impleading the legal representatives of the deceased 2nd appellant is null and it cannot be executed against the petitioner is upheld by the revisional court and therefore, the grounds for eviction under S.11(3), 11(4)(iv) and 11(5) of the Act do not exist. Aggrieved by the order passed by the Revisional Authority upholding the order of eviction under S.11(2) of the Kerala Act 2 of 1965 and the consequent order for delivery of possession of the building on the ground that the petitioner did not deposit the arrears of rent with interest, the petitioner has filed this Original Petition under Art.227 of the Constitution.