KESAVA PILLAI Vs. PAULOSE

JUDGEMENT

(1.) Petitioner is the tenant of a building which is sought to be reconstructed by the landlord. The Rent Control Court passed an order of eviction for the ground envisaged in S.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The Appellate Authority confirmed the order and the learned District Judge, in revision, did not interfere.

(2.) In this Original Petition the petitioner has contended, among other things, that the High Court should have been made the revisional authority and the District Court should have been made the appellate authority under S.20 and 18 of the Act respectively. It is prayed that a writ of mandamus to be issued against the State of Kerala for issuing notification investing the powers of the Appellate Authority on the District Judge.

(3.) Learned Government Pleader was directed to get instructions from the Government as to whether any request has been made by the High Court and the High Court Advocates' Association to confer the appellate powers on the District Judge under S.20 of the Act. A statement has been filed by the Government. After referring to the proposal made by the High Court and the suggestions made by Sri G. Viswanatha Iyer, senior advocate of the Supreme Court, Sri K. Chandrasekharan, advocate of this Court and the Advocate General, the Government have decided to introduce a Bill in the Legislative Assembly for the purpose of incorporating necessary provisions to empower the District Court as the Appellate Authority in place of subordinate court and to confer revisional powers of the High Court. The aforesaid stand adopted by the Government is hereby recorded.