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1971 Supreme(Ker) 258

K.SADASIVAN
BEERA KOYA – Appellant
Versus
ALI KOYA – Respondent


Judgment :-

1. The tenants, defeated in all the courts below, have come up in revision. Against them the 'landlord filed R. C. O. P. No. 304/66 under S.11 (2), (3) and (4) (i) of the Kerala Buildings (Lease and Rent Control) Act (shortly stated the Act) for eviction. Eviction was ordered by the Rent Controller on the ground of sub-letting; the other grounds were all found in favour of the tenants. This order of the Rent Controller stands confirmed by the Appellate Authority as well as by the District Judge in revision. The learned counsel has pressed before this court a new ground which was never taken by him in any of the courts below. The ground is that the Addl. Munsiff who dealt with the matter was not competent to deal with the case, as under the relevant notification creating the court of the Rent Controller, the Addl. Munsiff is excluded in stations where there are more Munsiffs than one. According to the learned counsel, the Principal Munsiff at the station alone can assume jurisdiction of the Rent Controller in such a situation. This lack of jurisdiction, according to the learned counsel, has vitiated the whole proceedings. The other question, viz., the question regarding










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