MATHEW Vs. JAMES JACOB

JUDGEMENT

(1.) Against the order of dismissal of E.P.No.4 of 2012 in O.S.No.31 of 2002, dated 14.3.2017, of the Court of Sub Judge, Pala, the petitioner/decree holder came up with this Revision.

(2.) The petitioner who was the tenant occupying a shop room in the ground floor facing towards Pala-Erattupetta road, surrendered vacant possession to the landlord on executing Ext.A2 agreement, by which the landlord agreed to provide a shop room facing the said road after reconstruction. But, after the reconstruction of a multi storeyed building facing towards Pala-Erattupetta road, no room was given to the petitioner/decree holder as agreed, which has necessitated institution of a suit in O.S.No.31 of 2002 and ultimately a decree for specific performance of Ext.A2 agreement was passed. Both the parties fairly conceded that the decree has become final and conclusive. The decree was put in execution, but the execution court dismissed the same holding that the tenants who were inducted into the shop rooms cannot be evicted without resorting to the remedies provided under the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Rent Control Act'). The abovesaid order is under challenge in this Revision.

(3.) Admittedly, all the tenants who were in occupation of twelve rooms facing towards Pala-Erattupetta road were given on lease during the pendency of the suit, subsequent to Ext.A2 agreement. The execution court dismissed the execution of the decree on the reason that since there is a non-obstante clause under Sec. 11 of the Act, the tenants who were inducted into possession can only be evicted in accordance with the provisions contained in the Act. So, the question came up for consideration is whether section 52 of the Transfer of Property Act has got overriding effect over the non-obstante clause in Sec. 11(1) of the Rent Control Act. The issue can be answered only by answering the abovesaid question. Sec. 11(1) of the Rent Control Act is extracted below for reference: