The limited prayer in this Original Petition is for a direction to the Munsiff Court, Thrissur to issue carbon copy of order in E.P.No.1203/2014 in R.C.P.No. 98/1996 dated 17.11.2014 and till such time, keep in abeyance the delivery in the execution.
2. The facts absolutely necessary for the disposal of this petition are as follows:
The petitioner suffered an order of eviction under Section 11(2)(b) of the Rent Control Act. While so, he entered into an agreement for sale with the landlord and paid ₹ 2 lakhs towards sale consideration. The total sale consideration was ₹ 4 lakhs. Payment of ₹ 2 lakhs and agreement are admitted by the earlier landlord. While so, the landlord assigned the property and the assignee took out the execution proceedings. However, the tenant sought O.P.(C) No. 2709 of 2014 -2-
vacating the order under Section 11(2)(c) pointing out that he had paid ₹ 2 lakhs which would cover the arrears of rent and therefore the order of eviction had to be set aside. It was while that petition was pending, the assignee moved for execution proceedings and that delivery has been ordered overlooking the objections filed by the petitioner.
3. The petitioner points out that the order now passed by the court below cannot be sustained in law and has to be set aside. Whatever that be, it is pointed out that he had applied for a carbon copy of the order and he is yet to receive the same but in the meanwhile the execution proceedings is posted for delivery to 20.11.2014.
Without making any observation regarding the dispute involved and also the legal consequences that follow, this petition is disposed of directing the Munsiff Court, Thrissur to issue carbon copy of the order in E.P.No.1203/2014 in R.C.P.No. 98/1996 as expeditiously as possible, at any rate, within a period of one week from today and in the O.P.(C) No. 2709 of 2014 -3-
meanwhile, the execution proceedings in R.C.P. No. 98/1996 shall be kept in abeyance for a period of two weeks.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE