KRISHNAN Vs. GOMATHY AMMA

JUDGEMENT

(1.) The revision petitioner is the tenant of a building and the respondent is the landlord. Eviction petition was filed by the landlord on the ground of arrears of rent, for bona fide need and on the allegation that the tenant has already in his possession a building reasonably sufficient for his requirements, in the same city. In the heading to the petition only S.11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter called the Act were mentioned. The parties went to trial, evidence was adduced and ultimately on 5-12-1986 a compromise petition dated 1-12-1986 was filed by the parties containing the following terms:

(2.) On the basis of the above compromise petition filed by the parties the Rent Control Court passed an order dated 5-12-1986 to the following effect:--

(3.) According to the landlord the tenant committed default in payment of the arrears of rent stipulated in the compromise order and thereupon she filed E.P.No.482/ 87 for execution of the said order. The application was resisted by the tenant on the ground that the order is not executable. The order is a nullity and cannot be executed as the court was not satisfied at the time of passing of the same as to whether any of the conditions necessary for evicting a tenant existed at the time of the order. The order is not an executable one as contemplated by the parties and the compromise will create a new tenancy and eviction can be had only by filing another petition under the provisions of the Rent Control Act In any view of the matter there was no default in complying with the conditions in the order and an such the landlord is not entitled to execute the order. The execution court overruled the objections of the tenant and ordered delivery of the property to the landlord. Against the above order the tenant preferred a revision before the District Court, Trivandrum under the proviso to S.14 of the Act The District Court after elaborately considering various objections confirmed the order of the execution court against which this revision is filed by the tenant