IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V.MENON, JJ
Muralidharan – Appellant
Versus
Vasanthakumari V – Respondent
| Table of Content |
|---|
| 1. existence of landlord-tenant relationship as per section 12(1). (Para 1) |
| 2. court's limited scope in reviewing disputes regarding landlord-tenant relationships. (Para 2 , 3) |
JUDGMENT
[OP (RC) Nos.193/2025, 192/2025]
A. Muhamed Mustaque, J.
The tenants have come up with these original petitions challenging an order under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act , 1965 (for short “Act”) passed by the Rent Controller. There is a serious contest raised by the learned counsel for the revision petitioners/tenants that there exists no landlord – tenant relationship. If there is no landlord – tenant relationship, the question of whether there exists a landlord – tenant relationship has to be prima facie appreciated by the Rent Controller at the first instance.
2. We have dealt with the scope of exercising power under Section 12 (1) and 12(3) of the Act inUnnikrishnan P.N v. K.X. John Victor [ 2025 KHC 933 ] If the Rent Controller committed any error, that can be challenged when that order culminates in the final order under (3) of the Act and can be corrected by the Rent Control Appellate Authority. No doubt, prima facie the court will have to ans
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