UMASANKAR Vs. AHARA TRUST

JUDGEMENT

(1.) The petitioner, a practising lawyer and a member of the Alappuzha Bar, was the tenant in R.C.P.No.17 of 2008 on the file of the Rent Control Court, Alappuzha. The petition schedule building in R.C.P.No.17 of 2008 consisted of two rooms let out on rent by the landlords to the petitioner herein on 9.2.2005. Alleging that the tenant has kept the rent in arrears from 8.6.2005 (he paid rent only for the initial four months), the landlords filed R.C.P.No.17 of 2008 praying for an order of eviction under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act" for short).

(2.) Upon receipt of summons, the petitioner entered appearance and filed objections. After considering the rival contentions, the rent control court held that the tenant has kept the rent in arrears. Consequently, an order of eviction was passed on 28.2.2009. The tenant did not challenge the order of eviction passed by the rent control court. After the order of eviction attained finality, the landlords filed E.P.No.52 of 2010 to execute the order of eviction. On that application, the execution court namely the Court of the Principal Munsiff of Alappuzha ordered delivery to be effected on 2.9.2010. This was as per order passed on 31.7.2010. The tenant thereupon filed E.A.No.385 of 2010 seeking three months' time to surrender vacant possession of the petition schedule building. That application was allowed. The tenant did not even thereafter surrender vacant possession. Instead, he filed E.A.No.16 of 2012 seeking one month's further time to surrender vacant possession. The said application was allowed by order passed on 11.1.2012. In view of the said order, when E.P.No.52 of 2010 came up for consideration, the landlords submitted that with prejudice to their right to seek eviction of the petition schedule building, the execution petition may be dismissed as not pressed.

(3.) The landlords thereafter filed E.P.No.142 of 2012 on 28.11.2012 to execute the order of eviction. The tenant filed objections. After considering his contentions, the execution court ordered delivery to be effected on 18.11.2015 and a report to be filed on 19.11.2015. The materials on record show that thereupon delivery was effected on 18.11.2015. The materials on record also disclose that even earlier, while E.P.No.142 of 2012 was pending, the tenant had filed E.A.No.170 of 2014 in E.P.No.142 of 2012 in R.C.P.No.17 of 2008 under section 47 of the Code of Civil Procedure with a prayer that the execution petition may be dismissed for the reason that the entire arrears of rent was paid. That application was heard and dismissed by the execution court by order passed on 3.12.2011. The execution court held that the plea put forward by the tenant that the entire arrears has been paid and the dispute settled cannot be accepted for the reason that there is no evidence to prove the said fact. It is relevant in this context to note that it was after the aforesaid order was passed by the execution court that the execution court ordered delivery to be effected on 18.11.2015.