K PONNAPPAN Vs. G CHAKRAPANI

JUDGEMENT

(1.) The petitioner is the Judgment Debtor/tenant against whom an Execution Petition was filed under Section 14 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short the Act'), for executing an order of eviction passed under Section 11(8) of the Act and the respondent is the Decree Holder/landlord therein.

(2.) The petitioner resisted the said Execution Petition contending that it was hopelessly barred by the law of limitation as the same was filed 10 years after passing of the order. According to him, the Execution Petition should have been filed within a 'reasonable time', as held by the Single Bench of this Court in Devaki v. First Additional District Judge, 1998 KHC 154, 1998 (1) KLT 818 : 1998 ICO 3515. It was also contended that the subsequent events, after passing of the order of eviction, have obliterated the bona fide need put forward in the Rent Control Petition. Now, the petitioner's son is conducting the Institute for which the order of eviction was sought for under Section 11(8) of the Act, in a plot having 25 cents purchased by him for this purpose and that event obliterated the need for eviction.

(3.) The respondent contended that the period of limitation for executing an order passed under Section 11 of the Act is governed by Article 136 of the Limitation Act, by virtue of the 'deeming provision' in Section 14 of the Act and thereby, the period of limitation is 12 years and that the Execution Petition was filed within the said period, as held by another Single Bench of this Court in M.V.Ali v. Kunjannamma Philipose, 1975 KHC 47, 1975 KLT 527 : 1975 ICO 954.