CHORAYIL KUNHIRAMAN Vs. SHARAFUL ISLAM MADRASSA COMMITTEE

JUDGEMENT

(1.) Is exemption granted to buildings under Sec. 25 of the Kerala Building (Lease and Rent Control) Act, 1965 (the Act) a privilege or benefit which the landlord of the said buildings can waive ? Or, is it a provision taking away the jurisdiction of the Rent Control Court (RCC) to entertain an application filed by the landlords of the building(s) exempted by the notification issued under Sec. 25 ? Let us examine these questions in the light of the scope and object of the Act and its various provisions.

(2.) This revision under Sec. 20(1) of the Act has been filed by the appellant in R.C.A.No.165/2012 on the file of the Rent Control Appellate Authority, Vatakara (RCAA), confirming the order dtd. 25/10/2012 in R.C.P.No.35/2011 on the file of the Rent Control Court (RCC), Nadapuram. The respondent herein is the petitioner-landlord in the R.C.P. and the respondent in the R.C.A. The parties in this revision will be referred to as described in the R.C.P.

(3.) The petitioner-landlord, a Madrassa, moved the RCC seeking eviction under Sec. 11(3) of the Act. The RCC by order dtd. 25/10/2012 allowed the R.C.P. The respondent-tenant filed R.C.A.No.165/2012 before the RCAA which in turn by judgment dtd. 30/01/2016 confirmed the order of eviction passed under Sec. 11(3). Aggrieved, the respondent-tenant has come up in revision. In the revision petition, it is alleged that the courts below have not properly appreciated the evidence or the law on the matter and hence the impugned judgment is liable to be reversed.