LAKSHMANAN Vs. MOHAMOOD

JUDGEMENT

(1.) The question about the validity of the Notification, SRONo.47/82 under S.25 of The Kerala Buildings (Lease and Rent Control) Act, 1965, for short The Rent Control Act, granting exemption in respect of buildings owned by Wakfs registered under Wakfs Act, 1954 with the Kerala Wakf Board from all the provisions of the said Act, among others, arises for consideration in these Second Appeals. The validity of the Notification was upheld by our brother K.S. Paripoornan J. as is seen from the judgment in O.P.4959/ 1984 and connected cases, relying on a decision of the Supreme Court in S. Kaddaswamy Chettiar v. State of Tamil Nadu, AI.R.1985 SC 257.

(2.) A Division Bench of this court doubted the correctness of the judgment in O.P..4959/84 and consequently referred the issue for the consideration of a Full Bench and that is how these second appeals have came up before us. For easy reference we shall now reproduce relevant portions of the reference order: -

(3.) In these Second Appeals, by leave of the court the appellants who are the tenants of the buildings belonging to the wakfs registered with the Wakf Board, challenge the legality/validity of the Notification, giving total exemption to all buildings, owned by the wakfs from all the provisions of the Rent Control Act, issued in exercise of the powers conferred upon the Government under S.25 thereof.