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1996 Supreme(Ker) 426

T.V.RAMAKRISHNAN, J.B.KOSHY
Balakrishnan – Appellant
Versus
Mariyumma – Respondent


Judgment :-

Koshy, J.

The important question raised in this revision petition is whether a revision petition will lie under S.115 of the Code of Civil Procedure against an interim order passed by the Rent Control Court. A learned Single judge of this Court in CRP No. 2756 of 1994 held that no revision under S.115 of the Code of Civil Procedure will lie against the order of the Rent Control Court as it is a persona designata. Based upon the above decision, when the present revision petitioner tiled this revision, office did not number the same. Another learned Stigler Judge of this Court directed the office to number the revision petition in view of the decision in Abdul Rehiman v. Hameed Hassan (1995 (2) KLT 794) wherein it was held that Rent Control Court is a Court and not a persona designata. Therefore, office numbered the same and in view of the conflicting views the matter was referred to the Division Bench.

2. Revision petitioner herein was the respondent in Rent Control Proceedings R.C.P. No. 111 of 1995 before the Rent Control Court, Kannur. The eviction petition was filed by the respondent/ landlord on the assumption that he is entitled to apply for eviction. Revision petiti





































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