KUNCHUKUTTY MOOTHAN Vs. KRISHNA MOOTHAN

JUDGEMENT

(1.) A tenant who would have exhausted all other efforts for non suiting - bis landlord has filed this Civil Revision Petition. The landlord who got an order under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') is now involved in the process of execution of the order against a recalcitrating tenant.

(2.) The tenant raised a contention before the execution court that the order is not capable of helping the landlord to evict the tenant from the building as the latter is unwilling to be dispossessed despite the direction in the order. The said contention was repelled by the execution court which mulcted the tenant with compensatory costs as he felt that the tenant adopts dilatory strategy. The District Judge in revision under S.14 of the Act absolved him from compensatory costs, but agreed with the execution court on the legal point raised by the tenant. This is his second revision.

(3.) The material portion of the order passed by the Rent Control Court under S.11(3) reads as follows: