MANAGER, SAI SERVICE STATION LTD Vs. DILEEP GANESH

JUDGEMENT

(1.) This Original petition is filed challenging Ext.P1 order wherein the Nyayadhikri, Gram Nyayalaya, Mathilakom, has found that, the Gram Nyayalaya has jurisdiction and power to consider and dispose of the rent control petition. The petitioner contends that the required notification under Section 3 of the Kerala Buildings (Lease and Rent Control) Act conferring jurisdiction and power to Gram Nyayalaya under Sec.3 of the Act has not been issued so far. Hence, the Gram Nyayalaya has no jurisdiction and power to consider and dispose of the rent control petition.

(2.) On instructions, the Registry has reported that Nyayadhikaris in the State are not yet notified as Rent Control Courts as envisaged under Section 3 of the Act. Even though the High Court has taken necessary steps to issue such a notice under Section 3 of the Act, the Government has not issued the notification so far.

(3.) We are of the view that unless and until a notification appointing Nyayadhikaris as Rent Control Courts under Section 3 of the Act is issued, the Gram Nyayalayas can have no jurisdiction and power to consider and dispose of the rent control petitions. Even though notification adding Kerala Buildings (Lease and Rent Control) Act to Part-III of the 1st schedule to the Gram Nayalaya Act has been issued, the same is not sufficient to empower the Gram Nyayalayas to entertain, try or decide Rent Control petitions under the Kerala Buildings (Lease and Rent Control) Act. Consequently Ext.P1 order will stand set aside and the Nyadhikari is directed to send back the rent control petition to the Rent Control Court, Kodungallur.