VAREED S/O KUNNAN OUSEPH Vs. MARY DAUGHTER OF ADATTUKARAN PERINCHU
HIGH COURT OF KERALA
VAREED, KUNNAN OUSEPH
MARY, DAUGHTER OF ADATTUKARAN PERINCHU
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(1.) This Civil Revision Petition has been placed before a Full Bench pursuant to an order of reference made by one of us (Madhavan Nair, J.) since it was felt that the decision of a Division Bench of this court in Kurien v. Chacko, 1960 KLT 1248 , required reconsideration.
(2.) In the ruling above cited the Division Bench has expressed the view that the revisional powers of this court under S.115 of the Code of Civil Procedure cannot be invoked or exercised in respect of an order passed by a District Court in the exercise of the jurisdiction conferred on it under S.20(1) of the Kerala Buildings (Lease and Rent Control) Act, 1959. S.20(1) of the aforesaid Act of 1959 was identical in terms with S.20(1) of the current Act, namely the Kerala Buildings (Lease and Rent Control) Act, 1965. The correctness of this view is under challenge in this Civil Revision Petition and has to be examined by us.
(3.) Thus the question to be considered is whether a decision rendered by a District Court in the exercise of the revisional powers conferred on it by S.20(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is not liable to be revised by this court under S.115 of the Code of Civil Procedure.;
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