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1999 Supreme(Ker) 203

K.K.USHA, RAJENDRA BABU
Moideen Koya – Appellant
Versus
Kunhammed Haji – Respondent


Judgment :-

K.K. Usha, J.

The question that is referred for consideration of the Full Bench is whether the period of 90 days made mention of in R.44 of the Rules of the High Court of Kerala, 1971, hereinafter referred for short as 'the Rules', can be treated as prescription of period of limitation in the matter of filing of revision petitions under S.20 of the Kerala Buildings (Lease & Rent Control) Act, hereinafter referred for short as 'the Act' and whether a separate petition to condone the delay under S.5 of the Limitation Act, 1963 is required, if the revision petition is filed beyond the period of 90 days.

2. S.20 of the Act which deals with the revisional jurisdiction provides that in cases where the appellate authority empowered under S.18 is a Subordinate Judge, the District Court, and in other cases the High Court may, at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceedings taken the Act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceedings, and may pass such order in reference thereto as it thinks fit. The Government by noti
















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