VAREED Vs. MARY

JUDGEMENT

(1.) THIS Civil Revision petition has been placed before a full Bench pursuant to an order of reference made by one of us (Madhavan Nair, J) since it was felt that the decision of a Division Bench of this court in Kurien v, Chacko,, 1960 K.L.T. 1248, required reconsideration. In the ruling above cited the Division Bench has expressed the view that the revisional powers of this court under Section 115 of the Code of Civil Procedure cannot be invoked or exercised in respect of an order passed by a District Court in the exercise of the jurisdiction conferred on it under Section 20(1) of the Kerala Buildings (Lease and Rent Control) Act, 1959. Section 20(1) of the aforesaid Act of 1959 was identical in terms with Section 20(1) of the current Act, namely the Kerala Buildings (Lease and Rent Control) Act, 1965. The correctness of this view is under challenge in this Civil Revision petition and has to be examined by us.

(2.) THUS the question to be considered is whether a decision rendered by a District Court in the exercise of the revisional powers conferred on it by Section 20 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is not liable to be revised by this court under Section 115 of the Code of Civil procedure.

(3.) SECTION 20 (1) is in the following terms: -