ANANTHARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition has been preferred under Art.227 of the Constitution of India seeking a direction to the second respondent to return the documents to the Rent Control Court without any further delay.

(2.) Petitioner who is the landlord of a building bearing number T.C. 28/2051 has filed O.P.(RCP) No.26 of 1994 seeking eviction of respondents 3 and 4 under S.11(2)(b) and 11(3) of Art.2 of 1965. Third respondent - tenant submitted that five cents of property comprised in survey numbers 726 and 727 of Vanchiyoor village where the scheduled building is situate was taken on lease by her husband late Peethambaran Nair during 1954-1955 period from its original jenmi, Pillaveedu family, for commercial purposes and he had constructed a shed for commercial purposes and therefore entitled to protection under S.106 of the Kerala Land Reforms Act. She therefore prayed for reference of the matter to the Land Tribunal for adjudication.

(3.) Landlord resisted the petition contending that the attempt of the tenant is to prolong the eviction proceedings. The allegation that five cents of property was taken on lease during 1954-1955 was denied. The Rent Control Court on 25.11.1994 stayed all proceedings and the case was referred to the Land Tribunal for recording the findings. Counsel for the petitioner submitted that the Land Tribunal has not recorded any finding in the matter though more than ten years are over. Landlord is therefore put to considerable prejudice by the order passed by the Rent Control Court by referring the matter to the Land Tribunal. In such circumstances, counsel sought for the exercise of extra ordinary jurisdiction under Art.227 of the Constitution of India to recall the reference and direct the Rent Control Court to dispose of the same on merits. Counsel for the respondent submitted that the landlord is not justified in approaching this court seeking exercise of extraordinary jurisdiction under Art.227 of the Constitution of India. We are of the view, this is an extra ordinary situation warranting exercise of extra ordinary jurisdiction under Art.227 of the Constitution.