KUNHIKANNAN Vs. MANNAN PAITHAL

JUDGEMENT

(1.) THE Government by Notification S. R. O. 1631/89 issued under S. 18 (1) of THE Kerala Buildings (Lease and Rent Control) Act, 1965, for short THE Rent Control Act, has conferred on the District Judges having jurisdiction over the areas within which the provisions of the said Act have been extended, the powers of the appellate authorities for the purposes of Rent control Act, in the said areas. This notification is in supersession of all previous notifications on the subject.

(2.) I shall now read the notification: "s. R. O. No. 1631/89.-In exercise of the powers conferred by clause (a) of sub-section (1) S. 18 of The Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 1965) and in supersession of all previous notifications on the subject, the Government of Kerala hereby confer on the district Judges having jurisdiction over the areas within which the provisions of the said Act have been extended, the powers of the Appellate Authorities for the purposes of the said Act, in the said areas".

(3.) THE learned counsel representing the parties submit that inasmuch as the notification is not retrospective in operation, the notification will not apply to the appeals pending on the coming into force of the notification before the Subordinate Judges and if that be so the direction given by the High Court on the administrative side that the Subordinate Judges shall transfer all the pending appeals to the District judges is not sustainable.