BIYYATHU Vs. ABDURAHIMANKUTTY

JUDGEMENT

(1.) Revision petitioner is the decree holder. The suit filed by her (O.S.363 of 1988) for eviction on the ground of arrears of rent was decreed in her favour. While delivery of the property was sought in execution, it was resisted mainly on the ground that the Kerala Buildings (Lease & Rent Control) Act, 1965 has been made applicable to the area where the property is situated and hence the Executing Court has no jurisdiction to evict the respondents.

(2.) The decree schedule property was situated in a part of Vythiri Panchayat where the Act was made applicable with effect from 1-5-1971. Vythiri Panchayat was bifurcated and a new panchayat viz. Pozhuthana Panchayat was formed. Portion of Vythiri Panchayat and that of another panchayat constitute the Pozhuthana Panchayat. Contention of the revision petitioner is that the Act has not been made applicable to Pozhuthana Panchayat and merely because a portion of Vythiri Panchayat forms part of the newly constituted Panchayat the Act would not apply to that area. Case of the respondents is that formerly the decree schedule building was in Vythiri Panchayat and though it is now in Pozhuthana Panchayat the Act would still apply.

(3.) S.1(3) of the Act states that it applies to the areas mentioned in the Schedule and the Government may, by notification in the Gazette, apply all or any of the provisions of the Act to any other area in the State with effect from such date as may be specified in the notification, and may, by like notification, cancel or modify such notification or withdraw the application of all or any of the provisions of the Act from any area mentioned in the Schedule. From a reading of S.1(3), it can be discerned that the Act applies to the areas mentioned in the Schedule. In Vythiri Panchayat the Act has been made applicable as per Notification No.28199/82/70 P.O. dated 16-4-1971 of the Kerala Gazette dated 27-4-1971. In the notification it is stated that the Act would apply to the area within the jurisdiction of the Vythiri Panchayat in Kozhikode District. When a particular area is carved out and removed from Vythiri Panchayat and that area forms part of Pozhuthana Panchayat, it would not be possible to hold logically that the aforesaid area continues to remain in the former panchayat. In other words, the area of Vythiri Panchayat is at present in Pozhuthana Panchayat can no longer be considered as part of Vythiri Panchayat at all.