MANKARATHODI MUHAMMADALI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This matter has been placed before us on a reference by learned single Judge. We are in this case concerned with the scope of S.13 as well as S.17 of the Kerala Buildings (Lease and Rent Control) Act, 1965. Question essentially to be considered is the scope of the expression amenities occurring in S.13 and 17 of the Act. Brief facts are necessary to understand the question raised.

(2.) Tenant filed application under S.13 of the Act praying for a direction to the landlord to replace tiles removed from the roof of the building to prevent rain water falling inside the shop room occupied by him. Tenant alleged that with an ulterior motive of evicting him, the landlord caused removal of some tiles from the roof of the building with the result roof has become leaky with the incessant flow of rain water. Accommodation Controller therefore passed an order on 15th July, 1992 directing the landlord to replace the tiles on the roof of the building or carry out necessary repairs, so that rain water would not fall into the shop room and that the pleasant enjoyment of the room by the tenant would not be affected. Landlord aggrieved by the order approached the District Collector who held as follows:

(3.) Counsel appearing for the tenant submitted that the Accommodation Controller has got the power to direct the landlord to replace the tiles under S.13 of the Act. Counsel submitted if there is removal or withdrawal of amenities enjoyed by the tenant Accommodation Controller has got the power to give appropriate direction under