KUNJALI HASSAN KURUP Vs. ABDUL SATHR SAIT

JUDGEMENT

(1.) The Munsiff of Krishnapuram, who is also the Rent Control Court under S.3 of Act XVI of 1959, has tried a small cause suit for arrears of rent and a petition for eviction under the Buildings (Lease and Rent Control) Act jointly. He has decreed the arrears of rent and has also ordered eviction. Against the decree in the small cause suit this Civil Revision Petition has been filed; and I am told that a Civil Miscellaneous Appeal has been filed before the Subordinate Judge of Mavelikara against the order of eviction.

(2.) Under S.3(1) of Act XVI of 1959 the Government may, by notification in the Gazette, appoint a person who is or is qualified to be appointed, a Munsiff to be the Rent Control Court. This provision reveals that the Rent Control Court is only a persona designata. In this case it so happened that the person appointed as Rent Control Court happened to be the Munsiff as well. Nevertheless, the two courts, viz., the court of the Munsiff and the Rent Control Court, are exercising two different jurisdictions and the learned Munsiff should not have tried the small cause suit and the petition for eviction jointly.

(3.) On that short ground I allow the Civil Revision Petition, set aside the decree passed by the learned Munsiff and remand the suit for fresh disposal in the light of this judgment. In the circumstances of the case, the parties will bear their respective costs.