ORDER :

Anil K. Narendran, J.

This Rent Control Revision filed under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, arises out of the judgment dated 30.06.2015 in R.C.A.No.43 of 2014 of the Rent Control Appellate Authority (Addl. District Judge-I), Kozhikode and the order dated 15.10.2013 in R.C.P.No.53 of 2010 of the Rent Control Court (Principal Munsiff-II), Kozhikode. R.C.P.No.53 of 2010 was one filed by the 1st respondent herein-landlord, under Section 5 of the Act, seeking fixation of fair rent of the petition schedule building as Rs.5,000/- per month. The original tenant, namely, Manganthara Raveendran, died during the pendency of the Rent Control Petition and his legal representatives were impleaded as supplemental respondents 2 to 4, by the order dated 09.02.2012 in I.A.No.4590 of 2011. They are petitioners 1 and 2 and the 2nd respondent in this Rent Control Revision. The original tenant filed counter in R.C.P.No.53 of 2010, opposing the reliefs sought for. After the impleadment as supplemental respondents 2 to 4, they filed a statement adopting the contentions of the original tenant.

2. Before the Rent Control Court, on the side of the landlord, he was examined as PW1 and Exts.A1 to A6 were marked. The reports and plan of the Advocate Commissioner were marked as Exts.C1, C1(a) and C2. On the side of the legal representatives of the original tenant, the 1st petitioner herein was examined as RW1. After considering the pleadings and evidence on record, the Rent Control Court by the order dated 15.10.2013 allowed R.C.P.No.53 of 2010, fixing the fair rent of the petition schedule building at Rs.7.50 per sq.ft., from the date of the petition, which has to be increased by 10% every year. Challenging the order dated 15.10.2013 of the Rent Control Court in R.C.P.No.53 of 2010, the legal representatives of the original tenant filed R.C.A.No.43 of 2014, before the Rent Control Appellate Authority, invoking the provisions under Section 18(1)(b) of the Act. That appeal ended in dismissal by the judgment dated 30.06.2015, thereby confirming the fixation of fair rent by the Rent Control Court. Challenging the judgment dated 30.06.2015 of the Rent Control Appellate Authority in R.C.A.No.43 of 2014 and the order dated 15.10.2013 of the Rent Control Court in R.C.P.No.53 of 2010, the supplemental respondents 2 and 4 in R.C.P.No.53 of 2010 have filed this Rent Control Revision, invoking the provisions under Section 20 of the Act. The supplemental 3rd respondent in R.C.P.No.53 of 2010 is arrayed as the 2nd respondent in this Rent Control Revision.

3. On 24.11.2015, when this Rent Control Revision came up for admission, this Court admitted the matter on the file and issued urgent notice to the respondents, returnable in ten days.

4. By the order dated 08.01.2016, this Rent Control Petition was directed to be placed before the Honourable the Chief Justice, to place the matter before a Full Bench. Paragraphs 2 to 4 of that order read thus;

“2. One of the issues that arise for consideration in this revision petition is whether, while fixing the fair rent, the Rent Control Court can direct that the rent fixed by it will stand increased periodically even without a fresh application for fixation of fair rent being filed. While Sri P.A. Harish, learned counsel appearing for the tenant submits, relying on the decision of a Division Bench of this court in Kadar Pillai v. Goven Travels [2014 (4) KLT 593] that periodical enhancement cannot be granted by the Rent Control Court while fixing the fair rent, learned counsel appearing for the respondents submits, relying on the decisions of two Division Benches of this Court in Sreekumaran Nair v. V.A. Ponnuswami Chettiyar [2010 (3) KLT 444] and George v. T.K. Saidu Muhammed [2013 (2) KLT 513] that such periodical enhancement is permissible. Learned counsel appearing on both sides also invited our attention to the recent decision of a Division Bench of this court in Rajesh R. Kartha v. K.