LAWS(KER)-1978-1-38

THARPPARAMBIL ASSAN Vs. MAMBASAMBATH VELAYUDHAN AND ORS.

Decided On January 05, 1978
THARPPARAMBIL ASSAN Appellant
V/S
MAMBASAMBATH VELAYUDHAN AND ORS Respondents

JUDGEMENT

(1.) This civil revision petition relates to an application under Section 5 of the Kerala Building (Lease and Rent Control) Act, 1965. The Rent Control Court as well as the Appellate and the Revising Authorities held that the revision petitioner being a sub-tenant was not entitled to apply under Section 5 of the Act for fixation of fair rent.

(2.) Under Section 5, the Rent Control Court may, on the application of either the landlord or the tenant fix the fair rent for a building. A landlord is defined in Sub-section (3) of Section 2 of the Act as follows :

(3.) A "tenant' is defined as follows in Sub-section (6) of Section 2 :-