MOHAMMED Vs. ACCOMMODATION CONTROLLER

JUDGEMENT

(1.) Ext. P1 order of the Accommodation Controller (Tahsildar), Tirur, passed in exercise of powers conferred under S.17(2) of Act 2/1965 is challenged by the landlord, in this Original Petition. The operative portion of the order was in the following terms: -

(2.) It is submitted that the order is passed without jurisdiction, and in any case overlooking the rights and contentions of the landlord. The said order came to be passed in the following circumstances.

(3.) The tenanted premises is a shop room. Calling upon the landlord to attend to maintenance work, tenant had issued a notice to the landlord, on 23.8.1992. The reply showed that such repairs were not necessary, and the building had become damaged by the improper use thereof, as ice blocks and salt were being stored there. The tenant had thereupon requested the Accommodation Controller to exercise his jurisdiction, envisaged under S.17(2) of the Act.