High Court of KeralaDivision BenchDismissal of the four review petitions; OP (RC)...

Jayan Pisharody & Hari Pisharody v. T.S. Rajagopalan

Case / Petition Number:RP.No.641/2019 in RCRev.210/2016

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Harilal
  • P. Ubaid
Judgment Date
2019-08-29
Court Decision / Holding
The four review petitions are dismissed as meritless. However, OP (RC) No.115/2019 is allowed. The executing court’s order dated 24.06.2019 is set aside, and execution proceedings are revived. The executing court is directed to proceed with execution in accordance with law and to dispose of the proceedings within six weeks. The petitioners are also directed to pay a cost of Rs. 25,000 to the respondent (landlord).
Final Disposition
Dismissal of the four review petitions; OP (RC) No.115/2019 allowed; Execution revived; Costs awarded; Directions for swift disposal within six weeks.

Parties to the Case

Appellants / Petitioners

  • Jayan Pisharody
  • Hari Pisharody

Respondents

  • T.S. Rajagopalan

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri S.M. Prem
  • • Sri P. Ramachandran
  • • Sri Tom K. Thomas
  • • Sri H. Narayanan

Counsels for Respondents

  • • Sri G.S. Reghunath

Case Synopsis & Summary

These four connected reviews arise from eviction orders under the Kerala Buildings (Lease and Rent Control) Act, wherein Jayan Pisharody and Hari Pisharody (legal heirs of the original tenant) challenge eviction sought by T.S. Rajagopalan, described as the landlord and adopted son of Subbalakshmi Ammal. The Rent Control Court and the first appellate authority had allowed eviction under Sections 11(2)(b) and 11(3) and dismissed the tenants’ denial of title as not bona fide. The High Court, comprising a Division Bench, examined divergent views and ultimately held that the landlord has a right to eviction as defined under the Act, though the question of absolute title and status requires decision by a civil court. Following this, the Supreme Court dismissed the tenants’ Special Leave Petitions, granting four months to vacate subject to undertakings, which were not filed. The review petitions contended that the landlord’s right to eviction was misapprehended and that Section 11(16) could apply only if eviction was sought as an agent of the landlord; however, the Court found these grounds meritless. The final common order dismissed the four review petitions but allowed OP (RC) No.115/2019, directing revival of execution and scheduling disposal within six weeks, with a Rs.25,000 cost against the tenants. The decision clarifies the Rent Control Court’s role in adjudicating eviction on grounds of lease and rent control rather than resolving title disputes.

Provisions of Law Cited

Kerala Buildings (Lease and Rent Control) Act - Section 11(2)(b)Kerala Buildings (Lease and Rent Control) Act - Section 11(3)Kerala Buildings (Lease and Rent Control) Act - Section 11(16)Article 227 of the Constitution of IndiaOrder XLVII Rule 1, CPC

Legal Doctrines & Maxims

  • Meera Bhanja (Smt.) v. Nirmala Kumari Choudhury (Smt.) - 1995 (1) SCC 170 (error apparent on the face of the record)

Submissions & Arguments

Contentions of Appellants / Petitioners

The review petitioners challenge the eviction on grounds that the landlord’s right to seek eviction under the Act is not established and that the landlord’s claim of title cannot be determined solely by the Rent Control Court. They contend that the denial of title by the tenants was genuine and that the landlord’s absolute title must be adjudicated by a competent civil court. They further submit that Section 11(16) applies only when eviction is sought as an agent of the landlord, which is not the case here. The petitions rely on the object of review under Order XLVII CPC, arguing that errors apparent on the face of the record justify a review, and emphasize that the Supreme Court’s dismissal of SLPs indicated no ground to interfere with this Court’s findings.

Contentions of Respondents

The landlord argues that eviction is permissible under the Act as a landlord, and that denial of title was not bona fide. He asserts that the eviction orders were rightly granted under Sections 11(2)(b) and 11(3) and that Section 11(16) is inapplicable since eviction is not sought as an agent. The respondent contends that the review petitions are aimed at delaying possession and that no error apparent on the face of the record warrants interference. He also notes that the Supreme Court refused to interfere with the High Court’s findings and that execution should proceed in accordance with the undertakings and directions given by the Supreme Court.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Meera Bhanja (Smt.) v. Nirmala Kumari Choudhury (Smt.)1995 (1) SCC 170PositiveCited to define the standard of 'error apparent on the face of the record' in a review under Order XLVII CPC and applied to assess grounds for review.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE K.HARILAL** **&** **THE HONOURABLE MR. JUSTICE P.UBAID** **THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941** **RP.No.641 OF 2019 IN RCRev.. 210/2016** **AGAINST THE COMMON ORDER IN RCRev.210/2016 & CONNECTED CASE OF THE HIGH COURT OF KERALA DATED 14.2.2019** **--------------** ## **REVIEW PETITIONERS/REVISION PETITIONERS :-** **1 JAYAN PISHARODY, S/O.R.V.PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **2 HARI PISHARODY, S/O.R.V. PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **BY ADVS.SRI.S.M.PREM SRI.P.RAMACHANDRAN SRI.TOM K.THOMAS SRI.H.NARAYANAN** ## **- RESPONDENT/RESPONDENT :** **T.S.RAJAGOPALAN DESCRIBED IN THE RCP AS SON OF SUBBALEKSHMI AMMAL, T.C.27/1445, MADURA BHAVAN, PULIMOOD, THIRUVANANTHAPURAM - 695 001.** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 21-082019, ALONG WITH RP.673/2019 & CONNECTED CASES, THE COURT ON 29-08-2019 PASSED THE FOLLOWING:** RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 2 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.HARILAL** **&** **THE HONOURABLE MR. JUSTICE P.UBAID** **THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941** **RP.No.673 OF 2019 IN RCRev.210/2016** **AGAINST THE ORDER IN RCRev.210/2016 & CONNECTED CASE OF THE HIGH COURT OF KERALA DATED 12.4.2018** **--------------** ## **- REVIEW PETITIONERS/REVISION PETITIONERS :** **1 JAYAN PISHARODY, SON OF R.V.PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001. 2 HARI PISHARODY, SON OF R.V.PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **BY ADVS.SRI.S.M.PREM SRI.P.RAMACHANDRAN SRI.TOM K.THOMAS SRI.H.NARAYANAN** ## **- RESPONDENT/RESPONDENT :** **T.S.RAJAGOPALAN DESCRIBED IN THE RCP AS SON OF SUBBALEKSHMI AMMAL, T.C.27/1445, MADURA BHAVAN, PULIMOOD, THIRUVANANTHAPURAM - 695 001.** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 21-082019, ALONG WITH RP.641/2019 & CONNECTED CASES, THE COURT ON 29-08-2019 PASSED THE FOLLOWING:** RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 3 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.HARILAL** ## **&** **THE HONOURABLE MR. JUSTICE P.UBAID** **THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941** **RP.No.636 OF 2019 IN RCRev.215/2016** **AGAINST THE COMMON ORDER IN RCRev.215/2016 & CONNECTED CASE OF HIGH COURT OF KERALA DATED 14.2.2019** **----------------** ## **- REVIEW PETITIONERS/REVISION PETITIONERS :** **1 JAYAN PISHARODY, SON OF R.V.PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **2 HARI PISHARODY, SON OF R.V.PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **BY ADVS.SRI.S.M.PREM SRI.P.RAMACHANDRAN SRI.TOM K.THOMAS SRI.H.NARAYANAN** ## **- RESPONDENT/RESPONDENT :** **T.S.RAJAGOPALAN, DESCRIBED IN THE RCP AS SON OF SUBBALEKSHMI AMMAL, T.C.27/1445, MADURA BHAVAN, PULIMOOD, THIRUVANANTHAPURAM - 695 001.** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 21.08.2019, ALONG WITH RP.676/2019 & CONNECTED CASES, THE COURT ON 29.8.2019 PASSED THE FOLLOWING:** RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 4 :- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE K.HARILAL** **&** **THE HONOURABLE MR. JUSTICE P.UBAID** **THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941** **RP.No.676 OF 2019 IN RCRev.215/2016** **AGAINST THE ORDER IN RCRev.215/2016 & CONNECTED CASE OF THE HIGH COURT OF KERALA DATED 12.4.2018** **-----------** ## **- REVIEW PETITIONERS/REVISION PETITIONERS :** **1 JAYAN PISHARODY, SON OF R.V.PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM -695 001.** **2 HARI PISHARODY, SON OF R.V.PISHARODY, T.C.26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **BY ADVS.SRI.S.M.PREM SRI.P.RAMACHANDRAN SRI.TOM K.THOMAS SRI.H.NARAYANAN** ## **- RESPONDENT/RESPONDENT :** **T.S.RAJAGOPALAN, DESCRIBED IN THE RCP AS SON OF SUBBALEKSHMI AMMAL, T.C.27/1445, MADURA BHAVAN, PULIMOOD, THIRUVANANTHAPURAM -695 001.** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 21.08.2019, ALONG WITH RP.636/2019 & CONNECTED CASES, THE COURT ON 29.8.2019 PASSED THE FOLLOWING:** RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 5 :- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR.JUSTICE K.HARILAL** **&** **THE HONOURABLE MR. JUSTICE P.UBAID** **THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941** **OP (RC).No.115 OF 2019** **ORDER IN EP.25/2014 IN RCP.38/2012 DATED 24-06-2019 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM** **-------------** ## **- PETITIONER/DECREE HOLDER/PETITIONER :** **T.S.RAJAGOPALAN, AGED 70 YEARS, S/O.R.SUBBALEKSHMI AMMAL, TC 27/1445, MADURA BHAVAN, PULIMOOD, THIRUVANANTHAPURAM - 695 001.** **BY ADV. SRI.G.S.REGHUNATH** ## **- RESPONDENTS/JUDGMENT DEBTOR/DEFENDANTS :** - **1 JAYAN PISHARODY, S/O.R.V.PISHARODY, TC 26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **2 HARI PISHARODY, S/O.R.V.PISHARODY, TC 26/1983, SPENCER GARDENS, STATUE, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.S.M.PREM SRI.P.RAMACHANDRAN SRI.H.NARAYANAN** **THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 21-082019, ALONG WITH RP.641/2019 & CONNECTED CASES, THE COURT ON 29-08-2019 DELIVERED THE FOLLOWING:** -: 6 :- RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 ## **COMMON ORDER** ## **P.Ubaid, J.** The petitioners in these four Review Petitions are the revision petitioners in R.C.R.Nos.210 & 215 of 2016. The respondent in all these petitions is the landlord, who claimed eviction in the trial court, as the adopted son of the original landlady. The review petitioners are the legal heirs of the original tenant R.V.Pisharadi. The landlord sought eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act (the Act), and in the eviction proceedings, the tenants made a denial of title of the landlord. Their further case is that, their predecessor R.V.Pisharadi was in fact permitted to occupy the petition schedule building by the original owner Subhalakshmi Ammal, and it was not a lease arrangement. Practically, the tenants contended that there is no landlord-tenant relationship between them and the petitioner, who claimed eviction as landlord. RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 7 :- 2. The trial court formulated the points for decision and proceeded for trial. Though the tenants denied the title of the landlord, the Rent Control Court straight away proceeded to record evidence without deciding the issue of denial of title as a preliminary issue. After recording evidence on both sides, the trial court found that the plea of denial of title made by the tenants is not _bona fide,_ and on facts as regards the grounds of eviction, the trial court found partly in favour of the landlord and partly in favour of the tenants. Accordingly, the prayer for eviction under Section 11(2)(b) of the Act was allowed, but the prayer for eviction under Section 11(3) of the Act was disallowed. 3. Aggrieved by the order disallowing eviction under Section 11(3) of the Act, the landlord filed appeal before the appellate authority as R.C.A.No. 32/2013. Aggrieved by the order of eviction under Section 11(2)(b) of the Act, the tenants filed appeal as R.C.A.No.29/2013. On a re-appraisal of the entire materials, the appellate authority found that the RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 8 :- order of eviction under Section 11(2)(b) of the Act is liable to be confirmed, and that the landlord is entitled to get eviction under Section 11(3) of the Act also. Accordingly, the appellate authority allowed R.C.A.No.32/2013 directing the tenants to vacate the petition schedule building under Section 11(3) of the Act, and dismissed the R.C.A.No.29/2013, confirming the order of eviction under Section 11(2) (b) of the Act. Aggrieved by the decision of the appellate authority, the tenants brought the above revisions before this Court under Section 20 of the Act. R.C.R.No.215/2016 was filed against the judgment of the appellate authority in R.C.A.No. 29/2013, and R.C.R.No.210/2016 was filed against the judgment of the appellate authority in R.C.A.No. 32/2013. 4. In view of the divergent findings of the two learned Judges of the Division Bench before whom the two revisions came up for hearing, the matter was referred to one of us for opinion and decision. By majority decision, the two revision petitions were RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 9 :- dismissed by this Court, confirming the order of eviction granted by the courts below under Sections 11(2)(b) and 11(3) of the Act, and also finding that the denial of title made by the tenants is not _bona_ _fide._ Aggrieved by the majority decision of this Court in the two revisions, the tenants approached the Hon'ble Supreme Court for Special Leave to file appeal. On 15.3.2019, the Hon'ble Supreme Court disallowed the Special Leave Petitions on the finding that there is no ground warranting interference with the order of this Court. However, the Hon'ble Supreme Court granted four months' time to the tenants to vacate the premises, subject to their furnishing an undertaking before the Supreme Court within four weeks, that they will not create any third party rights, they will clear all the rent in the meanwhile, and will peacefully vacate the premises at the end of the four month's period. Much after the dismissal of the Special Leave Petitions, the tenants brought these Review Petitions. R.P.Nos.636 and 676 of 2019 are to review the orders RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 10 :- passed by us in R.C.R.No.215/2016, and R.P.Nos.641 and 673 of 2019 are the petitions to review the orders in R.C.R.No. 210/2016. 5. After the dismissal of the Special Leave Petitions, and when the tenants failed to file affidavit as directed by the Hon'ble Supreme Court, the landlord filed Execution Petition before the Principal Munsiff's Court, Thiruvananthapuram as E.P.No.25/2014. Stating that the Hon'ble Supreme Court has not given any direction as to what shall be done if no undertaking is filed by the tenants, and also on the ground that the time stipulated for vacating the premises was not over, the learned Munsiff declined execution by order dated 24.6.2019. The said order is under challenge in O.P.(R.C.)No. 115/2019, brought under Article 227 of the Constitution of India. 6. We heard the learned counsel on both sides in detail on the question of review, and also on the order of the executing court disallowing execution. The learned counsel for the review petitioners argued RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 11 :- very much on the legal right of the landlord to claim eviction, and he also submitted that in view of the provisions in Section 11(16) of the Act, an order of eviction could not have been passed in favour of the claimant. 7. On a perusal of the grounds of review in the four review petitions, we find that mainly and practically, the tenants seek review on factual aspects, as regards the right of the landlord to claim eviction. This Court has considered this issue and has come to a finding that the claim of denial of title made by the respondents is not _bona fide_ at all, and that, the landlord is entitled to get an order of eviction. This Court has considered and decided all the issues including the legal right of the landlord to claim eviction under the Act. As regards the legal status of the landlord to claim eviction, this Court has come to a definite finding that what matters is not the absolute title over the property in question, but his legal right to claim eviction as landlord under the provisions of the Act. RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 12 :- After examining the various decisions of the Hon'ble Supreme Court and this Court on the point, we have come to a finding that the landlord in this case would satisfy the definition of "landlord" under the Act, and that the question of absolute title claimed by him as the adopted son of the original landlord will have to be decided by the competent civil court. In paragraph 19 of the common order dated 14.2.2019 in R.C.R.Nos.210/2016 and 215/2016, this Court found thus, "the jurisdiction of the Rent Control Court is only to decide, whether the petitioner is entitled to get an order of eviction on any of the grounds as a "landlord", and not whether the petitioner has the legal right and status to claim eviction. That will have to be decided by the competent civil court." In paragraph 16 of the order also, this Court has found as follows, "whether the petitioner has proprietary title, or whether he can claim title as the adopted son of Subhalakshmi Ammal must be left to be decided by the competent civil court." RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 13 :- 8. Thus, as discussed above, the right of the landlord to claim eviction was considered in detail by this Court, and this Court has found that he is entitled to claim eviction as landlord, as meant and defined under the Act, though the question of his absolute title as true owner will have to be ultimately decided by the competent civil court. The Hon'ble Supreme Court did not find any reason or ground to interfere with the findings of this Court as regards the right of the landlord to claim eviction. We find that the present review petitions are quite experimental, or rather, another attempt to delay the process of execution, or to continue at the premises somehow. 9. Another ground urged by the review petitioners is the application of Section 11(16) of the Act. That provision applies only when the petitioner has claimed eviction as an agent of the landlord. In this case, eviction is not sought by the claimant as an agent of the landlord. He himself claims to be the landlord, or as the person having RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 14 :- the right to represent the estate. This issue has already been found in his favour by this Court by majority view. When the court has already come to a finding that the claimant is entitled to claim eviction as landlord, who comes within the definition of "landlord" under the Act, there is no question of applying the provisions of Section 11(16) of the Act, because the claim is not as an agent of the landlord. We fail to understand, why the tenants have projected such a ground in the review applications. This must be as part of a design to continue at the premises somehow by making one or the other claim by way of review or otherwise, and thus to drag on the proceedings for ever without vacating the premises. We are quite unhappy with the conduct of the tenants, who have brought the review petitions with the full knowledge that they cannot obtain orders in review, or that, there is no ground at all for reviewing the orders passed by this court on merits. 10. We do not find any error apparent on the face of the record to review our decisions. The scope of RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 15 :- review must be within the confines of Order XLVII Rule 1 of the Code of Civil Procedure. The Supreme Court in **Meera Bhanja (Smt.)** v. **Nirmala Kumari Choudhury (Smt.)** [1995 (1) SCC 170] described the mistake or error apparent on the face of the record thus :- "an error apparent on the face of the record must be such an error which must strike one on mere looking at the record and would not require any longdrawn process of reasoning on points where there may conceivably be two opinions. In other words an error, which has to be established by long-drawn process of reasoning on points where there may conceivably be two opinions can hardly said to be an error apparent on the face of the record." The tenants have not been able to point out any error or mistake warranting review of the decisions, or to project anything found out as new material, or which went unnoticed by the court while taking decision on merits. When Court has taken a decision on merits, after considering all the relevant aspects and evidence, and when the order stands confirmed by the RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 16 :- Supreme Court, a review cannot be thought of. If any person is aggrieved by the decision of the court on merits, the remedy is to approach the higher forum and not to seek review. The findings made by the court on merits, and the decision taken on a consideration of all the relevant aspects and evidence cannot be disturbed or re-opened by way of review. The purpose of review is not to unsettle a position settled and decided by the court. The aggrieved tenants have already approached the Hon'ble Supreme Court against the findings of this Court on merits, but the Supreme Court has declined special leave on the finding that there is absolutely no ground warranting interference in the decisions of this Court. In such a situation, the review petitions are liable to be dismissed. Thus, we find no reason or ground to review our orders granting eviction under Sections 11(2)(b) and 11(3) of the Act, or to review our finding regarding the right of the landlord to claim eviction under the Act. What is intended in these Review Petitions is nothing RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 17 :- other than re-writing of the judgment, after a rehearing. The review petitions are meritless and are liable to be dismissed. 11. Now, we come to the question of execution. Of course, the executing court has stated that the application for execution was filed before the expiry of the period granted by the Hon'ble Supreme Court. Any way, now the period is over and the tenants admittedly have not filed such an affidavit or undertaking as directed by the Hon'ble Supreme Court. We are not happy with the way in which the learned Munsiff dealt with the execution matter. We find an instance of failure to exercise jurisdiction on the part of the learned Munsiff. The order of the Hon'ble Supreme Court is very clear that in case the tenants failed to file affidavit within four weeks, the order of eviction can very well be executed. It appears that the learned Munsiff has not understood the spirit and purport of the order of the Hon'ble Supreme Court. The order of the Hon'ble Supreme Court disallowing Special Leave is quite clear that RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 18 :- the order of eviction can be executed in case of failure on the part of the tenants to file affidavit as directed. We find that now the order can very well be executed, when the period is over, and the tenants have failed to file affidavit as directed by the Hon'ble Supreme Court. In such a circumstance, the order of the executing court will have to be set aside, directing the execuing court to revive the execution proceedings and proceed for execution, according to law. In the result, all the review petitions are dismissed as meritless. But, O.P.(R.C.)No.115/2019 is allowed. Accordingly, the order of the executing court dated 24.6.2019 in E.P.No.25/2014 will stand set aside, and the execution proceedings will stand revived in the executing court. The executing court is directed to proceed for execution according to law, and to dispose of the execution proceedings within six weeks. The tenants cannot be allowed a free ride without making themselves liable for the experiment made by them before this Court by way of RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 19 :- review with the full knowledge that they cannot obtain orders in the review petitions. They have been trying all ways possible to continue at the premises, and the present review petitions are also the last attempt to delay the process somehow, or to deny relief to the landlord. On a consideration of the various aspects, we feel it appropriate to direct the review petitioners to pay a cost of Rs.25,000/(Rupees Twenty five thousand only) to the respondent (landlord), and we do so. **Sd/K.HARILAL JUDGE** **Sd/P.UBAID JUDGE** Jvt/26.8.2019 RP.Nos.641/2019 & 673/2019 IN RCRev.210/2016, RP.Nos.636/2019 & 676/2019 IN RCRev.215/2016, and O.P.(R.C.)No.115/2019 -: 20 :- ## **APPENDIX OF OP (RC) 115/2019** ## **' - PETITIONER S EXHIBITS :** **EXHIBIT P1 TRUE COPY OF THE COMMON ORDER DATED 14.2.2019 IN R.C.REV. NO. 215/2016 AND R.C.REV. NO. 210/2016 OF THIS HON'BLE COURT. EXHIBIT P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT DATED 15.03.2019 IN SLP NOS. 6597/2019 AND 6598/2019 EXHIBIT P3 TRUE COPY OF THE E.A. NO. 136/2019 IN E.P. NO. 25/2014 IN R.C.P. NO. 38/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM DATED 22.2.2019. EXHIBIT P4 TRUE COPY OF THE E.A. NO. 2600/2019 IN E.P. NO. 25/2014 IN R.C.P. NO. 38/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM DATED 20.5.2019. EXHIBIT P5 TRUE COPY OF THE E.A. NO. 283/2019 IN E.P. NO. 25/2014 IN R.C.P. NO. 38/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM DATED 6.6.2019. EXHIBIT P6 TRUE COPY OF THE E.A. NO. 299/2019 IN E.P. NO. 25/2014 IN R.C.P. NO. 38/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM DATED 12.6.2019. EXHIBIT P7 TRUE COPY OF THE E.A. NO. 298/2019 IN E.P. NO. 25/2014 IN R.C.P. NO. 38/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM DATED 12.6.2019. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 24.6.2019 IN E.P. NO. 25/2014 IN R.C.P. NO. 38/2012 ON THE FILE OF PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.** ## **' - RESPONDENT S EXHIBITS :** **EXHIBIT R1(a) TRUE COPY OF THE ORDER OF INJUNCTION PASSED ON 18-072019 IN I.A NO.10002/2019 IN O.S NO. 1077/2019 BY THE III ADDITIONAL MUNSIFF'S COURT THIRUVANANTHAPURAM.** _//TRUE COPY//_ _P.A. TO JUDGE_