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1991 Supreme(Ker) 400

MANOHARAN, VARGHESE KALLIATH
Sreenivasa Kammath – Appellant
Versus
Ananda Kammath & Sons – Respondent


Judgment :-

Varghese Kalliath, J.

A question relating to jurisdiction of Additional District Judges to act as appellate authority under S.18 of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the act) has been raised in this case. Certainly, the question has got pragmatic overtones apropos the practice of the courts in the matter of entertaining appeals under the Act. Learned counsel on both sides argued the case very elaborately, highlighting all the shades of the question from different angles.

2. The Civil Revision Petition is against an order passed by the Additional District Judge acting as appellate authority under the Act. Learned counsel for the revision petitioner submitted that the Additional District Judges have no jurisdiction to exercise the power under S.18 of the Act and so on that ground, the order is liable to be set aside. He submitted that on merits also, he has got a good case. We feel that the question of merits of the revision against the order impugned, can be considered after considering the question of jurisdiction.

3. Whenever a question of jurisdiction regarding a tribunal or court is challenged, a deep study of the matter is r

































































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