ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition is filed under Article 227 of the Constitution of India challenging Ext.P5 order dated 27.10.2001 passed by the learned Rent Controller on I.A.1898/00. That application was filed by the tenant contending that they are entitled to the protection under Section 106 of the Kerala Land Reforms Act. The said request was opposed by the landlords. It was contended by the landlords that the petition schedule building was leased out to the tenants only in the year 1968 and as such no question actually arises to refer the same to the Land Tribunal u/s 125(3) of the Kerala Land Reforms Act.

(2.) IN paragraph 3 of Ext.P3(counter statement filed in the RCP) it was stated that the petition schedule building and the adjacent land were leased out to one Raghavaradiar for the year 1965 and from him it was purchased by the tenant in 1968. The landlords resisted that plea. No document was produced to show that the tenant was claiming through Raghavaradiar. According to the landlords in order to claim protection under 106 of Kerala Land Reforms Act the lease of the land should have been for commercial or industrial purposes and the lessee must have constructed buildings thereon for such commercial or industrial purposes before 20th May, 1967. Learned counsel for the petitioner herein submits that there is no case for the tenants that there was a lease of land for industrial or commercial purposes or that any building was constructed on such a land before 20.5.1967. Hence according to the learned counsel for the petitioner no question did arise warranting reference to the Land Tribunal u/s 125(3) of the Kerala Land Reforms Act.

(3.) AS done in that case here also we are inclined to exercise the power under Article 227 of the Constitution and direct the Land Tribunal to transmit the entire case records to the Rent Control Court forthwith. The Rent Controller will determine the question as to whether the claim raised by the tenants is bonafide or not and whether such claim arises for consideration in the case on hand and will pass appropriate orders regarding the entitlement of the protection u/s 106 of Kerala Land Reforms Act, claimed by the tenants, within two months from the date of receipt of the records.