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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. jurisdiction on amendments in rent control cases. (Para 1 , 2) |
| 2. details of tenants and landlords involved. (Para 3 , 4) |
| 3. landlords' need for amendments based on changing licensing laws. (Para 5 , 6) |
| 4. tenants' opposition to amendments. (Para 7 , 8) |
| 5. the rent control court's findings and reasoning. (Para 9 , 10) |
| 6. substantive versus procedural amendments. (Para 11 , 12 , 13) |
| 7. historical context of rent control court's powers. (Para 14 , 15) |
| 8. affirmation of inherent powers to amend petitions. (Para 16 , 20) |
| 9. final decision to allow amendments. (Para 21 , 22) |
JUDGMENT
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 sch
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