1958 Supreme(Ker) 167

Judges : KOSHI,M.S.MENON
Thresia - Appellant
Versus
Ayuppunni - Respondent
Case No : S. A. No. 131 of 1956 (E)
Decided On : 08/25/1958
Advocates Appeared :
V. Sankara Menon; For Appellants T. S. Venkiteswara Iyer; For Respondents 1 to 4

The temporary nature of Buildings Lease and Rent Control Measures does not oust the Civil Court's jurisdiction to pass a decree for eviction.

Headnote:

Jurisdiction - Buildings Lease and Rent Control Measures - The Civil Court's jurisdiction to pass a decree for eviction is not ousted by the temporary nature of these measures, though actual eviction can take place only as per a Rent Controller's order.

Fact of the Case:

The only point pressed in the second appeal is that in view of the Buildings Lease and Rent Control Measures the Civil Court has no jurisdiction to pass a decree for eviction.

Finding of the Court:

The view that has gained recognition is that the Civil Court's jurisdiction to pass a decree is not ousted by the temporary nature of the measures, and the point raised cannot succeed.

Issues: The only point pressed in the second appeal is the jurisdiction of the Civil Court to pass a decree for eviction in view of the Buildings Lease and Rent Control Measures.

Ratio Decidendi: The Civil Court's jurisdiction to pass a decree for eviction is not ousted by the temporary nature of the Buildings Lease and Rent Control Measures.

Final Decision: As no other point arises in the case, the appeal is dismissed with costs.