SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1983 Supreme(Ker) 258

KADER
P. V. THOMAS – Appellant
Versus
M. V. RAJAN – Respondent


Judgment :-

1. This revision petition filed by a tenant in a proceeding, R.C.P. No.1/82 on the file of the Rent Control Court, Parur, instituted under the Kerala Buildings (Lease & Rent Control) Act, is directed against an order passed in I.A. No. 2130/82, which was a petition for issue of a commission to ascertain the value of certain matters mentioned therein. This order was challenged by the petitioner herein in R.C.A. No. 25/83

before the Appellate Authority. This appeal was dismissed as not maintainable. The appellate order was challenged in R.C.R.P. No. 20/83 before the District Court, Parur. The learned Addl. District Judge, who heard the revision found that the appeal is maintainable; but, on merits dismissed the petition upholding the order of the first court.

2. Strongly assailing this order, Shri M. K. Narayana Menon, learned advocate appearing for the petitioner urged three points before this Court.

(1) Whether S.17(2) of the Act is a bar for claiming improvements in a proceeding under the Act?

(2) Whether the Rent Controller can go into the question of improvements?

(3) The revisional court having found that the appeal is maintainable should not have gone into the merits o












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top