RAJAM Vs. NARAYANAN NAIR

JUDGEMENT

(1.) The short point that arises for consideration is whether a revision lies to High Court under S.20 of Buildings (Lease & Rent Control) Act (Act 2/1965, hereinafter referred to as 'the Act') against an order passed by the District Collector under S.13(6) of the Act.

(2.) The facts in short are as follows: The counter petitioner is the occupant of room number T. C. 26/1948. It is alleged that access to this room is only through door number T. C. 26/1949 and the counter petitioner without the consent and knowledge of the revision petitioner attempted to open a door on the southern wall of the room bearing No. T. C. 26/1948 in order to have direct access to this room from the nearby General Hospital road. This attempt was " resisted by the landlord revision petitioner and there are pending civil litigations between the parties. While so, the counter petitioner filed a petition before the Accommodation Controller, Trivandrum under S.13 of the Act of 1965 alleging that the petitioner herein caused obstruction to the amenities enjoyed by the counter petitioner. The petition was allowed and the petitioner herein filed appeal under S.13(6) before the District Collector. The District Collector dismissed the appeal and the present revision is directed against that order.

(3.) The learned counsel for the revision petitioner contended that a revision filed under S.20 of the Act is not maintainable. It has been pointed out that the revision contemplated under S.20 of the Act is only a revision against the order of the Appellate Authority and the District Collector, not being an Appellate Authority, no revision lies under this Section. S.20 reads as follows: