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1989 Supreme(Ker) 473

MALIMATH, K.A.NAYAR
Narayani – Appellant
Versus
District Judge – Respondent


Judgment :-

Malimath, CJ.

This writ petition under Article 226 of the Constitution is directed against the judgment of the District Judge, Ernakulam rendered in R.C.R.P. No. 69 of 1983 on the 31st of October, 1983. The relevant facts may briefly be stated as follows: The premises in question bears No. 13/41 of the Kothamangalam Municipality. The first petitioner is the wife of the second petitioner and is the owner of the premises. An application for eviction was filed before the rent control court under Ss.11(3) and 11(4) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The description of the court as is seen from the judgment Ext. P1 reads: "In the Court of the Rent Controller, Muvattupuzha". The presiding officer of the rent control court describes himself at the end of the judgment as "Rent Controller". In our opinion this is not correct. The applications for eviction under S.11 can be made to the Rent Control Court. The expression "rent control court", has been defined in S.2(5) of the Act to mean the court constituted under S.3 of the Act, S.3 (1) which is relevant for the purpose reads:

"The Government may, by notification in the gazette, appoint a person who is or

















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