M.R. Hariharan Nair, J.

Revision petitioners are the landlords. R.C.P. 41 of 1986 on the file of the Rent Control Court, Ernakulam was filed by the respondent herein seeking fixation of fair rent in respect of the schedule building; the contract rent for which had been fixed as Rs.2,400/- with effect from January, 1983. The Rent Control Court allowed the petition and fixed the fairrent at Rs. 1,426/- per month and that was the subject matter of R.C.A. 77/90 of the District Court, Ernakulam. The appellate court did not interfere with the said reduction in rent and that is why the appellants have approached this Court with this revision.

2. The learned counsel for the Revision petitioner submits that the Courts below did nothavejurisdictiontodecidethequestionoffairrentasS.SoftheAct2/65hadbecome inoperative as struck down. According to the respondent the Section was operative not only on the date of filing the petition but also on the date on which the RCP and RCA were decided by the Courts below.

3. A Division Bench of this Court in Issac Ninan v. State of Kerala (1995 (2) KLT 848) struck down Ss.5,6 and 8 of the Kerala Buildings (Lease & Rent Control) Act, 1965. The judgmen