GEORGE Vs. ANTONY

JUDGEMENT

(1.) This revision is by the judgment debtors. The decree sought to be executed is an order in R.C.P.No.80 of 1971, which was confirmed by the appellate authority, but reversed by the District Court in R.C.R.P.203 of 1976. The decision of the District Court was reversed in C.R.P.No.1628 of 1980 by this Court and eviction was ordered.

(2.) In execution, the judgment debtors, who were ordered to be evicted as per the order of this Court, contended that the order of this Court in C.R.P.No.1628/80 is null and void and without jurisdiction and so the order which has to be treated as a decree by virtue of the provisions of the Kerala Buildings (Lease & Rent Control) Act, 1965 (hereinafter referred to as the Act) is not executable.

(3.) The judgment debtors submitted that the order of this Court which has got the force of a decree is an order passed without jurisdiction and that question can be adjudicated by the execution court. The revision petitioners in advancing this argument banked solely on the decision of the Supreme Court in Aundal Ammal v. Sadasivan Pillai ( 1987 (1) KLT 53 ).