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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. common judgment allowing the amendment. (Para 1) |
| 2. rent control court's authority in eviction petitions. (Para 2 , 3 , 5) |
| 3. contention regarding preservation of tenant rights. (Para 4 , 9) |
| 4. amendments aimed at competing in business. (Para 6 , 10) |
| 5. limits on amendments as argued by tenants. (Para 7 , 8) |
| 6. inherent powers permit necessary amendments. (Para 11 , 20) |
| 7. arguments regarding necessity of amendment for business needs. (Para 12 , 13) |
| 8. inherent powers enable necessary amendments. (Para 22) |
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 see
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