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HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
TOMY J CHERKKOTT – Appellant
Versus
M.M. ABDUL SATHAR – Respondent
| Table of Content |
|---|
| 1. rent control court's authority over amendments. (Para 1 , 2 , 4 , 5) |
| 2. limitations of section 23(1)(j) in relation to amendments. (Para 3 , 7 , 11 , 14 , 20) |
| 3. debate over necessity and implications of amendments. (Para 6 , 10 , 12 , 13) |
| 4. inherent powers of the rent control court. (Para 15 , 19) |
| 5. final conclusion permitting amendment. (Para 22) |
JUDGMENT 'C.R.'
Shoba Annamma Eapen, J:
The common question involved in all these Original Petitions (Rent Control) is whether the Rent Control Court exercising jurisdiction under the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act') has jurisdiction to amend the pleadings in the Rent Control Petition on the application of the petitioners/landlords.
2. With regard to the said question, we may refer to essential facts. We will refer to the parties according to their status in the Rent Control Petition.
3. The petitioners are the owners of the building wherein the petition scheduled shop rooms are situated. The Rent Control Petitions are filed seeking eviction of the respondents under Sections 11(4)(i) and 11(8) of the Act. The petitioners are the landlords and the respondents are the
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