1. A Division Bench of this Court in Issac Ninan v. State of Kerala (1995 (2) KLT 848) declared Ss.5, 6 and 8 of Kerala Buildings (Lease and Rent Control) Act (2 of 1965) ultra vires the Constitution of India and held them void and violative of Arts.14 & 19(1)(g) of the Constitution of India. The legislative interdiction against receiving anything in excess of the fair rent even from a willing tenant in accordance with the prevailing rate of rent in the locality was held to be an unreasonable restriction on the right to carry on business envisaged in Art.19(1)(g) of the Constitution. S.5 it was felt cannot stand alone without subsidiary and incidental provisions for periodical revision of the fair rent. This Court held the legislative scheme provided through Ss.5, 6 and 8 is a package and are mutually dependent and that one provision therefrom cannot be extricated from the other two to keep it alone alive.

2. Issac Ninan's case was later reiterated by a Division Bench of this Court in Jan Enterprises v. Aegee Enterprises (2000 (1) KLT 20) and in Mathew Mathew v. Bhaskaran & Ors. (2000 (1) KLJ 302) and referred to by the Apex Court in Raghavan v. Habeeb Mohammed & Ors. ((