SIVAKUMAR Vs. AGARWAL

JUDGEMENT

(1.) The petitioner is the tenant of the building, the subject matter of the petition for eviction filed by the respondent under S.11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (for short The Rent Control Act).

(2.) The Rent Controller and the appellate authority found that the respondent has been successful in establishing the grounds under S.11(3) of the Rent Control Act, and accordingly directed surrender of possession of the building. The revisional authority under S.20 of the Rent Control Act has dismissed the revision, some of the petitioners had filed, in limine and it is the said order that is under challenge in this revision petition.

(3.) The short question that arises for consideration is whether the revisional court is justified in dismissing the revision invoking the provisions contained in O.41 R.11 CPC, in limine. The answer depends upon the construction of S.20 of the Rent Control Act, clothing the District Court with the revisional power.