VADAVATHI RAJEEVAN Vs. K.VANAJA

JUDGEMENT

(1.) The reference to the Full Bench arises out of the order passed by the Division Bench of this Hon'ble Court in the present matter (O.P.(R.C.) No. 16/2025 - Vadavathi Rajeevan & Anr. vs. K. Vanaja & Anr.). The Division Bench found itself in disagreement with the earlier judgement of the Co-ordinate Division Bench dtd. 25/11/2024 passed in O.P.(R.C.) No. 154/2024 (Koorantakath Kamaludeen vs. Kannyath Divakaran), and, after recording its reasons, referred the matter for consideration by the Full Bench.

(2.) The Full Bench presided over by the Hon'ble the Chief Justice, by order dtd. 16/7/2025, directed all parties to file their written submissions, along with the statutory provisions and judgments relied upon by them.

(3.) We find it condign to briefly spell out the relevant facts in a nutshell. The Kerala State Legislature enacted the Kerala Buildings (Lease and Rent Control) Act in the year 1959, which was brought into force in 1965 after receiving the Presidential assent under Article 254 of the Constitution of India. The Presidential assent was necessitated since certain provisions of the Rent Act were in partial conflict with the provisions of the Transfer of Property Act, 1882 (for short, "the TPA"), a Parliamentary enactment. Therefore, in order to overcome the inconsistency between the Central and State enactments, Presidential assent was sought and granted, whereafter the Rent Act was enforced throughout the State.