RAMA IYER Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) INVOKING the jurisdiction of superintendence under art. 227 of the Constitution, in an eighth round litigation, petitioner tenant challenges an order of eviction concurrently made by the appellate and revisional Authorities, Exts. P12 and P14, in that order.

(2.) PETITIONER runs a 'commercial Institute' in the tenanted premises. On his retirement from Government service sixteen years ago, fourth respondent landlord sought eviction of the tenanted premises, on the ground of bonafide need for own occupation. The matter was considered by the rent Controller, appellate Authority, Revisional Authority and then by this court in a Revision under S. 115 of the Code of Civil Procedure. By Ext. P9 order, this Court remitted the matter to the Rent Controller to consider whether S. 11 (11) (ii) of the Kerala Buildings (Lease & Rent Control) Act, called the Act hereinafter, would govern the case. That provision gives immunity from eviction, to educational institutions recognised by the Government. The appellate Authority by Ext. P12, and the Revisional Authority by Ext. P14, found that the 'commercial Institute' in question is not an educational institution, qualifying for exemption under S. 11 (11) (ii ).

(3.) PETITIONER submits that the Institute in question is an educational institution, and that the finding otherwise, entered by the authorities below, is erroenous. According to him, any Institution that imparts knowledge, is an educational institution.