RAVI VARMA RAJA Vs. MUNSIFFS COURT

JUDGEMENT

(1.) Under challenge in this writ petition filed under Art.227 by the claimant in a proceeding for execution of an order of eviction passed by the Rent Control Court is an order passed by the Execution Court, viz. the Principal Munsiff Court dismissing the claim petition and directing delivery of the petition schedule building in favour of the respondents / decree holders.

(2.) Sri. V. V. Surendran, learned counsel for the second respondent / decree holder raises two preliminary points of objection. Firstly he submits that the remedy of the petitioner lies before the District Court in the form of a revision under S.14 of Act 2 of 1965. Secondly, he submits that delivery is already effected.

(3.) As for the first point of objection, we notice the judgment of Balagangadharan Nair (J.) in Kuruvilla v. Kesavan, 1980 KHC 88 : 1980 KLT 364 : ILR 1980 (2) Ker. 242 : 1980 KLN 272, wherein the learned Judge holds that execution contemplated by S.14 of the Rent Control Act is the execution of the orders against the parties thereto. It does not contemplate investigation of obstructions offered by third parties or the orders in such proceedings. According to the learned Judge, orders passed on obstructions and claims do not fall within the ambit of orders 'passed in execution under this section' in the words of the proviso to S.14, although they would be orders in the course of the execution proceedings. Balakrishna Menon in Dr. Yogiraj v. Ravindranath, 1983 KHC 106 : 1983 KLT 499 : 1983 KLJ 253 : 1983 KLN 293 practically endorses the same view.