SREENIVASA KAMMATH Vs. ANANDA KAMMATH AND SONS

JUDGEMENT

(1.) A question relating to jurisdiction of Additional District Judges to act as appellate authority under S.18 of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act') has been raised in this case. Certainly, the question has got pragmatic overtones apropos the practice of the courts in the matter of entertaining appeals under the Act. Learned counsel on both sides argued the case very elaborately, highlighting all the shades of the question from different angles.

(2.) The Civil Revision Petition is against an order passed by the Additional District Judge acting as appellate authority under the Act. Learned counsel for the revision petitioner submitted that the Additional District Judges have no jurisdiction to exercise the power under S.18 of the Act and soon that ground, the order is liable to be set aside. He submitted that on merits also, he has got a good case. We feel that the question of merits of the revision against the order impugned, can be considered after considering the question of jurisdiction.

(3.) Whenever a question of jurisdiction regarding a tribunal or court is challenged, a deep study of the matter is required In this case, learned counsel submits that the jurisdiction to entertain an appeal against the order of the Rent Control Court is confined to the Principal District Judges and that Additional District Judges have no jurisdiction at all. To resolve this question, naturally we have to investigate first the power source. Deep investigation on this aspect is not necessary, it is easy. The power source is S.18 of the Act read with the notification issued under that provision. S.18 of the Act reads thus: