GULAM GASOOL Vs. JOSEPH

JUDGEMENT

(1.) The issue involved in this Original Petition is whether a Land Tribunal has jurisdiction to entertain an application for arrears of rent in respect of a lease for commercial purpose, under S.26 of the Kerala Land Reforms Act, (hereinafter referred to as 'the Act')

(2.) The petitioner is a tenant for commercial purpose under the 1st respondent Alleging that rent is in arrears, the 1st respondent filed an application under S.26 of the Act and under R.16 of the Kerala Land Reforms (Tenancy) Rules, 1970. Exhibit PI is a copy of the application so filed before the Land Tribunal, Alappuzha, the 2nd respondent. In column 1(c) thereof, the nature of the tenancy is mentioned as "lease for commercial purpose". The application was contested by the petitioner. According to him, the Land Tribunal has no jurisdiction to entertain Ext. P1. As the jurisdiction of the Land Tribunal to entertain Ext. P1 was agitated by the petitioner, it was decided by the Land Tribunal as a preliminary issue. By Ext. P3 order dated 22-12-1995 it was decided that the application is maintainable under S.26 of the Act and that further proceedings will be initiated as per the Rules. Exhibit P3 is challenged in this original petition.

(3.) S.26 providing for recovery of arrears of rent and empowering Land Tribunal to determine the amount so payable appears in Chap.2 of the Act. As per S.3 in Chapter II of the Act, it is provided as follows: