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1989 Supreme(Ker) 204

THOMAS
Kesava Pillai – Appellant
Versus
Paulose – Respondent


Judgment :-

1. Petitioner is the tenant of a building which is sought to be reconstructed by the landlord. The Rent Control Court passed an order of eviction for the ground envisaged in S.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short'the Act'). The Appellate Authority confirmed the order and the learned District Judge, in revision, did not interfere.

2. In this Original Petition the petitioner has contended, among other things, that the High Court should have been made the revisional authority and the District Court should have been made the appellate authority under Ss.20 and 18 of the Act respectively. It is prayed that a writ of mandamus to be issued against the State of Kerala for issuing notification investing the powers of the Appellate Authority on the District Judge.

3. Learned Government Pleader was directed to get instructions from the Government as to whether any request has been made by the High Court and the High Court Advocates' Association to confer the appellate powers on the District Judge under S.20 of the Act. A statement has been filed by the Government. After referring to the proposal made by the High Court and the suggestions ma



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