MATHEW Vs. GILBERT

JUDGEMENT

(1.) INSTEAD of answering the querry made by the learned District Court the revision petitioner has filed the revision before this Court as stated earlier purporting to be under S. 20 of the rent Control Act. The appellate order in. this case by the Subordinate Judge is dated 8-9-1989. Under S. 20 of the Kerala Buildings (Lease and Rent Control) Act a revision will lie to the District Court if the appellate authority is the subordinate Judge and in other cases to this Court. The doubt was expressed by the District Court on the basis of she notification dated 31-8-1989 whereby the appellate power under the Act was vested on the District Judges. The District court failed to note that though the notification was dated 31-8-1989 it was actually published in the Gazette only on 26-9-1989 and it will come into force only on that day. In view of the above the revisional jurisdiction of the District Court under S. 20 continues against all the appellate orders passed on or before 26-9-1989. In that view of the matter the revision is to be filed before the District Court and not to this Court. Consequently the office is directed to return the revision memo and the original orders produced by the revision petitioner to his counsel for being presented before the District Court, Kozhikode . The District Court will deal with the matter according to the merits. C. R. P. is ordered as above. . .