1. These Revisions were referred to the Full Bench stating that in the decision of the Division Bench in Indian Saree House vs. Radhalakshmy, 2006 (3) KLT 129, the binding judgment in Shaji Varghese vs. Cherian, 1993 KHC 29 : 1993 (1) KLT 133, was not considered and that there is apparent conflict of views in the various decisions of this Court on the subject.

2. The main conflict of views noticed by the Division Bench is on the question whether Sections 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act) are mutually exclusive. In Indian Saree House vs. Radhalakshmy, 2006 (3) KLT 129 and in S. Sivasubramonia Iyer vs. S.H. Krishnaswamy, AIR 1981 Kerala 57, it was held that sub-sections (3) and (8) of Section 11 of the Act are mutually exclusive. In Shaji Varghese vs. Cherian, 1993 KHC 29 : 1993 (1) KLT 133 and in Muhammed vs. Abdul Rahiman, 1983 KLT 874 it was held that sub-sections (3) and (8) of Section 11 are not mutually exclusive.

3. For the sake of convenience, sub-sections (3) and (8) of Section 11 are extracte