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2019 Supreme(Ker) 484

A.HARIPRASAD, SHIRCY V.
Kinarullaparambath Abdul Azeez, S/o. Kunjabdulla – Appellant
Versus
Valiyaparambath Vasu, S/o. Narayanan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. P.B.KRISHNAN, SMT. P.MEERA, SRI. MANU VYASAN PETER, SRI. P.B.SUBRAMANYAN, SRI. P.M.NEELAKANDAN, SRI. SABU GEORGE, Adv.
For the Respondent: SRI.N.K.SUBRAMANIAN

JUDGMENT :

A.HARIPRASAD, J

Prominent legal questions arising in the above mentioned original petitions relate to the jurisdiction of a “Nyayadhikari”, as defined in Section 2(e) and appointed under Section 5 of the Gram Nyayalayas Act, 2008 ( in short 'Act of 2008), to try and dispose of cases filed under the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short 'the B.R.C Act'), which the Nyadhikari received by transfer under orders of a District Judge, by invoking the power under Section 24 of the Code of Civil Procedure, 1908 (in short 'C.P.C').

2. Brief narration of facts may be necessary to appreciate the legal issues coming up for decision :

O.P (R.C) No.99 of 2019 is arising out of R.C.P No.54 of 2015 originally filed before the Rent Control Court, Nadapuram under Section 11(3) of the B.R.C Act. The rent control petition was transferred under orders of the District Judge to the Gram Nyayalaya, Kunnummel Block, Kuttyadi and it was renumbered as R.C.P No.6 of 2016 there. Trial of the case was conducted before the Gram Nyayalaya by parties adducing evidence. After hearing the parties, the Gram Nyayalaya allowed the eviction petition by order dated 26-07-2017. The respondent






































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