BIJIMON AND ORS. Vs. UDAYABHANU AND ORS.

JUDGEMENT

(1.) Revision petitioners, who are siblings, filed altogether five petitions seeking eviction of their tenants under Sections 11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, "the B.R.C. Act") on the grounds of bonafide need for own occupation and reconstruction. According to them, they wanted to construct a multi-storied commercial building as a joint venture after demolishing the existing building. Pursuant to an administrative order, three eviction petitions were retained before the Principal Rent Control Court, Cherthala and two were made over to the Additional Rent Control Court. Petitioners approached the Principal Rent Control Court, Cherthala by filing a petition under Sections 24 and 151 of the Code of Civil Procedure, 1908 (in short, "CPC") and Section 6(3) of the Kerala Civil Courts Act,1957 (in short, "Act of 1957") seeking the withdrawal of two petitions from Additional Rent Control Court to the Principal Rent Control Court.

(2.) After hearing both sides, the Principal Rent Control Court allowed the application for withdrawal of two cases as requested by the petitioners. Principal Rent Control Court rightly found that Section 24 of CPC is inapplicable because the general power of transfer and withdrawal can be invoked only by the High Court or the District Court. However, the Principal Rent Control Court drawing power from Section 6(3) of the Act of 1957 allowed the request of the petitioners.

(3.) One of the tenants, aggrieved by the order passed by the Principal Rent Control Court, Cherthala, approached the Rent Control Appellate Authority (District Judge), Alappuzha by filing an appeal under Section 18 of the B.R.C.Act. As per the impugned judgment, the learned District Judge (Appellate Authority) found that Section 6(3) of the Act of 1957 does not confer any power on the Rent Control Court to transfer or withdraw any case to another Rent Control Court. On that reasoning the appeal was allowed and the order passed by the Principal Rent Control Court on the application filed at the behest of the petitioners was set aside.