SELVARAJ Vs. KANTHASWAMY

JUDGEMENT

(1.) The predecessor-in-interest of the revision petitioner obtained an order for eviction of the respondents from the disputed building on the ground of bona fide need under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short, The Rent Control Act. The predecessor-in-interest of the petitioner died after the disposal of the revision petition by the District Court but before the disposal of the revision which was pending before this court. The revision before this court was dismissed in view of the ruling of the Supreme Court in Aundal Ammal v. Sadasivan Pillai ( 1987 (1) KLT 53 (SC)). The order for eviction thus became final.

(2.) The petitioner in his capacity as the legal representative of the landlord moved E. P. 187/87 under S.14 of The Rent Control Act to execute the above order. The executing court by the order under challenge dismissed the execution petition. The short order of the executing court reads:-

(3.) That it was on the ground of personal need of the deceased landlord eviction was ordered, is beyond dispute. For that matter the petitioner has no case otherwise. If an order for eviction is passed on the personal need could such an order be executed by the legal representative on the death of the person for whose benefit eviction was ordered, is the question before me.