Kunhayammed & Ors vs State Of Kerala & Anr on 19 July, 2000
In Kunhayammed & Ors. (supra), this Court, on an
elaborate discussion of the available authorities, held that once
the superior Court has disposed of the lis before it either way,
i.e. whether the decree or order under appeal is set aside or
modified or simply confirmed, it is the decree or order of the
superior Court, Tribunal or authority which is the final, binding
and operative decree or order wherein merges the decree or
order passed by the court, tribunal or the authority below.
However, this Court has also observed that the doctrine of
merger is not of universal or unlimited application. In spite of
merger the actual fact would remain that it was the decree or
order appealed against which had directed the termination of
tenancy with effect from which date the tenant had ceased to be
the tenant, and the obligation of the tenant to deliver possession
over the tenancy premises came into operation though the same
remained suspended because of the order of stay.