ABDUL HAKEEM HAJI Vs. NANDAGOPALAN

JUDGEMENT

(1.) This Writ Petition has been filed under Art.227 of the Constitution of India seeking a declaration that proceedings under S.5 of the Kerala Buildings (Lease and Rent Control) Act for fixation of fair rent pending before Civil Courts should in view of the decision of this Court in Edger Ferus v. Abraham Ittycheria ( 2004 (1) KLT 767 ) be transmitted suo motu by the Civil Courts themselves to the concerned Rent Control Courts so as to enable to Rent Control Courts to continue the proceedings.

(2.) Writ petitioner is the owner of a commercial building consisting of five shop rooms. At the time of entrustment, he was only getting Rs. 350/- per month towards rent. Considering the importance of the locality, he sought for enhancement of the rent which was not acceded to by the tenant. Consequently he filed O. S. No. 24 of 2003 before the Sub Court, Manjeri for fixation of fair rent in the light of the decision of this Court in George v. State of Kerala ( 2000 (2) KLT 933 ). Tenant had also kept rent in arrears. Consequently petitioner was constrained to file petition for eviction on the ground of arrears of rent before the Rent Control Court, Manjeri as R. C. P. No. 3 of 2003. The Civil Court however held that O. S. No. 24 of 2003 is not maintainable in view of the decision in Edger Ferus's case, supra (2004 (1) KLT 767) wherein it has been held that the jurisdiction of the Civil Court would stand ousted and only the Rent Control Court could fix fair rent.

(3.) Sri. A.P. Chandrasekharan, counsel appearing for the petitioner submitted that the Civil Court did not take any steps to transfer the case to the Rent Control Court, Manjeri. The Court only returned the plaint without any direction for representation. Counsel submitted that since the return of the plaint is not under O.7 R.10 of the Code of Civil Procedure or any other provisions thereof, petitioner can only file a fresh application and consequently the Rent Control Court has to proceed with the case afresh. Counsel therefore submitted that a general direction be given to all the Civil Courts to transmit all the cases to the respective Rent Control Courts so that the litigant public would not be put to difficulties. We find force in the contention of the counsel. In Para.15 of the decision in Edger Ferus's case, supra, this Court had stated as follows: