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1995 Supreme(Ker) 158

K.T.THOMAS, K.S.RADHAKRISHNAN
Sundaran – Appellant
Versus
Mohammed Koya – Respondent


Judgment :-

Thomas, J.

In a rent control proceeding initiated by a landlord for eviction of his tenant under S.11(2) and (3) of the Kerala buildings (Lease and Rent Control) Act, 1965 the tenant raised a contention, inter alia, that he is entitled to the protection envisaged in S.106 of the Kerala Land Reforms Act (for short 'the KLR Act'). He then pressed that the question be referred to the Land Tribunal under S.125(3) of the KLR Act for decision. But Rent Control Court declined to do so on the premise that the said contention of the tenant is not bona fide. Thereupon, he went in appeal, but the Appellate Authority concurred with the Rent Control Court and dismissed the appeal. Now the tenant has come up with this revision.

2. It has been held by a Division Bench of this Court that the question whether, the tenant is entitled to the right under S.106 of the KLR Act is also one which should be determined by the Land Tribunal and hence the said question would fall within the ambit of S.125(3) of the KLR Act (vide Ramadas v. Krishnan Nair -1984 KLT 371). The correctness of the said decision has not been canvassed before us. The line of thinking adopted by the Rent Control Court and th







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