ORDER :

C.S.Sudha, J.

Is exemption granted to buildings under Section 25 of the Kerala Building (Lease and Rent Control) Act, 1965 (the Act) a privilege or benefit which the landlord of the said buildings can waive ? Or, is it a provision taking away the jurisdiction of the Rent Control Court (RCC) to entertain an application filed by the landlords of the building(s) exempted by the notification issued under Section 25? Let us examine these questions in the light of the scope and object of the Act and its various provisions.

2. This revision under Section 20(1) of the Act has been filed by the appellant in R.C.A.No.165/2012 on the file of the Rent Control Appellate Authority, Vatakara (RCAA), confirming the order dated 25/10/2012 in R.C.P.No.35/2011 on the file of the Rent Control Court (RCC), Nadapuram. The respondent herein is the petitioner-landlord in the R.C.P. and the respondent in the R.C.A. The parties in this revision will be referred to as described in the R.C.P.

3. The petitioner-landlord, a Madrassa, moved the RCC seeking eviction under Section 11(3) of the Act. The RCC by order dated 25/10/2012 allowed the R.C.P. The respondent-tenant filed R.C.A.No.165/2012 before the RCA