SECRETARY, K.G. MARAR VAYANASALA AND GRANDHALAYAM, PATEL ROAD, CHIRAKKAL P.O, KANNUR DISTRICT, PIN Vs. SATHYENDRAN AND OTHERS

JUDGEMENT

(1.) This execution second appeal is preferred by the Secretary, K.G.Marar Vayanasala and Grandhalayam, Patel Road, Chirakkal PO, Kannur, complaining that a rent control petition for eviction under Section 11(2) (b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, the Act) was filed against a wrong person and an order of eviction was obtained and thereby the applicant's rights are affected.

(2.) According to the appellants, the Vayanasala and Grandhalayam is adversely affected by the eviction order obtained, that too without any contest. Their petition under Order 21, Rule 97 CPC was dismissed, finding that the 1st respondent in the petition (respondent in the eviction proceedings) was the tenant and the appellant has no right in this matter. Dissatisfied with the finding, A.S.No.78 of 2015 was filed before the Sub Judge, Kannur. Learned Sub Judge, after considering the matters, agreed with the trial court and dismissed the appeal. Against that decision, the second appeal has been preferred.

(3.) Heard the learned counsel for the appellant and contesting respondent/landlord.