SELVARAJ Vs. U. MURUGADAS

JUDGEMENT

(1.) The aforesaid cases have been referred to a Larger Bench on account of the view expressed by a Division Bench of this Court regarding the correctness of the decision in Edger Ferus v. Abraham Ittycheria (2004 (1) KLT 767 reviewing its judgment in Issac Ninan v. State of Kerala 1995 (2) KLT 848 to a limited extent, by which Sec. 5(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (hereinafter referred as the Act) has been restored back to the statute book.

(2.) Both the Rent Control Revisions arise out of the same order passed by the Rent Control Court, Chittur in RCP Mo.14/2010 and the appellate order in RCA No.20/2012. RCP No.14/2010 was filed by the landlord for fixation of rent u/s 5(1) of the Act seeking to enhance the rent from Rs.900.00 to Rs.8,000.00. The Rent Control Court allowed the petition in part and enhanced the rent at Rs.2,500.00 from the date of filing petition. The appeals were filed by tenant as well as the landlord. However, the appellate authority did not interfere with against which both With the rent fixed by the Rent Control Court these revisions are preferred.

(3.) The tenant in its revision inter alia contended that S.5(1) of the Act cannot be invoked in so far as the judgment in Eager Ferus (supra) does not lay down the correct law and requires reconsideration.