T P KHALID Vs. K P PATHUMMAKUTTY UMMA

JUDGEMENT

(1.) Pathumakutty Umma let out her building to Kunhammad. According to her, Kunhammad sublet that building to Khalid and Usman without her consent So, Pathummakutty Umma lost no time in filing O. P. No. 160 of 1976 for eviction under S.11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act 2 of 1965 before the Rent Control Court, Palghat: Kunhammad contested while the subtenants did not contest. The Rent Control Court ordered eviction and granted one month's time to put the landlord in possession of the building. Kunhammad was making arrangements for filing an appeal against the order for eviction passed on 15-7-1977. But Khalid and Usman surrendered possession of the building to Pathummakutty Umma on 8-8-1977. Usman filed E. A. No. 940 of 1977 and Khalid filed E. A. No. 941 of 1977 before the Principal Munsiff, Palghat praying that the surrender of the building to the landlord may be recorded. Kunhammed raised various objections. The learned Munsiff dismissed both the execution applications by a common order. The dismissal of E. A. No. 941 of 1977 is challenged in these Civil Revisions. C. R P. No. 513 of 1978 was filed by the subtenant Khalid while CRP. No. 648 of 1978 was filed by the landlord Pathummakutty Umma.

(2.) Counsel on both sides raised a number of contentions. For disposing of these Civil Revisions I think I need only consider the question whether a revision from the impugned order lies to this Court or to the District Court, Palghat.

(3.) S.14 of the Kerala Buildings (Lease and Rent Control) Act, 2 of 1965, for short the Act, reads: