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2023 Supreme(Ker) 61

P. B. SURESH KUMAR, C. S. SUDHA
Antony Varghese @ Saju, S/o. Varghese – Appellant
Versus
Thomas John, S/o. Joseph John – Respondent


Advocates Appeared:
For the Petitioner: M.P. Madhavankutty
For the Respondent: Ananthakrishnan A. Kartha.

ORDER :

[C.S. Sudha, J.]

1. What is the extent or scope of power of the Rent Control Court in the matter of amendment of a rent control petition vis-à-vis Section 23 (i) (j) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act)? Is the power of amendment confined to mere ‘errors’ or ‘omissions? Can not amendments, which go beyond the scope of ‘errors’ or ‘omissions, be allowed in exercise of the inherent powers under Section 151 or Order VI Rule 17? Does Section 23 (i) (j) place any embargo on the powers of the Rent Control Court in the matter, as argued persuasively on behalf of the tenant? Is the position still res integra? We proceed to examine the same.

2. This rent control revision under Section 20 Act, has been filed against the judgment dated 13/08/2019 in R.C.A.No.15/2018 on the file of the Rent Control Appellate Authority (RCAA), Kottayam, which appeal is against the order dated 16/02/2018 in R.C.P.24/2015 on the file of Rent Control Court (RCC), Changanacherry. The revision petitioner herein, is the appellant in the appeal and the respondent-tenant in the R.C.P. The respondent herein, is the respondent in the appeal and the petitioner-landlord in the R.C.P.

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