S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
Jetha Bai And Sons. Jew Town. Cochins – Appellant
Versus
Sunderdas Rathenar – Respondent
Judgment
NATARAJAN, J. - These appeals by special leave and the special leave petition have been clubbed together and listed for consideration of a common question of law involved in them, viz. whether against an order of a District Court in revision under S. 20, Kerala Buildings (Lease and Rent) Control Act 2 of 1965 (for short the Kerala Act), a further revision would lie to the High Court under S. 115, C.P.C.
2. Though the question is not res integra in view of the decision of this Court in Aundal Ammal v. Sadasivan Pillai (1987) 1 SCC 183, the appeals have been listed for consideration by a Bench of three Judges of the very same question in order to see whether there is any conflict between the views taken in Aundal Ammals case (supra) and a later decision of this Court in Shyamaraju Hegde v. J. Venkatesha Bhat (1987) 4 JT 663 and whether the view taken in the earlier case requires reconsideration.
3. Even at the threshold of the judgment it has to be mentioned that Aundal Ammals case arose under the Kerala Act whereas Shyamaraju Hedges case (supra) pertained to the Karnataka Rent Control Act. Since there are essential differences between the two Acts, it is necessary to set out t
affirmed : Shyamaraju Hegde v. U. Venkatesha Bhat
Shyamaraju Hegde v. U. Venkatesha Bhat
approved : Chhagan Lal v. Municipal Corporation, Indore
overruled : Aundal Ammal v. Sadasivan Pillai
affirmed : Shyamaraju Hegde v. U. Venkatesha Bhat
relied on : S. S. Khanna v. F. J. Dillon
affirmed : Aundal Ammal v. Sadasivan Pillai
distinguished : Shyamaraju Hegde v. Venkatesha Bhat
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