LAWS(KER)-2020-12-416

K.K.HAMSA Vs. ATHIKOTTU SNEHALETHA

Decided On December 03, 2020
K.K.Hamsa Appellant
V/S
Athikottu Snehaletha Respondents

JUDGEMENT

(1.) The correctness of judgment in Ratheesh v. A.M.Chacko and Another (2018 (5) KHC 35) has been referred for consideration before us.

(2.) In Ratheesh's case (supra), a Division Bench of this Court held that S.5 of the Limitation Act, 1963, is not applicable to proceedings before the Rent Control Court under the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Rent Control Act').

(3.) In the reference order [Faisal v. Vikas Chacko (2019 (3) KLT 760)], the Division Bench doubted the correctness of Ratheesh's case (supra) and opined that the same needs a deeper scrutiny and accordingly, the matter was placed before us for consideration.