RAMAKRISHNAN Vs. VASUDEVAN

JUDGEMENT

(1.) Failure on the part of the respondents (landlord) to occupy within the stipulated period, the building in dispute which was taken delivery of in pursuance of an order under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, for short the Rent Control Act, has resulted in the petitioner filing an application under S.11(12) for an order directing that he shall be restored to possession of the building. The Rent Control Court allowed the petition. The Appellate Authority, however, set aside the order accepting the arguments of the respondents that the petition was filed out of time. The District Judge before whom the said order was challenged, however, upheld the order of the Appellate Authority. It is against the said order, this revision is filed.

(2.) The only question that arises for consideration in the revision is whether the tenant who was evicted from the building in pursuance of an order under S.11(3) can maintain a petition for restoration of possession under S.11(12) after the expiry of the period of one month stipulated in sub-s.(13) thereof. The answer depends upon the construction of sub-s.(12) and (13) of S.11 of the Rent Control Act.

(3.) Sub-s.(12) of S.11 reads: