AIR 1994 KERALA 122 ::(1995) 1 RenCJ 624 ::(1993) 2 Ker LJ 575 ::1994 (2) RenCR 336 ::(1995) 2 RenCR 227 ::ILR(1994) 2 Ker 704

Kerala High Court

Hon'ble Judge(s): T. V. Ramakrishnan , J

(A) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) , S.25, S.11— Civil suit for eviction of tenant - Kerala Act made applicable to concerned locality during pendency of suit - Suit premises purchased by Co-op. Society - It impleaded as additional plaintiff - Civil suit not barred in view of exemption under S.11. Civil P.C. (5 of 1908) , S.9— Transfer of Property Act (4 of 1882) , S.52— A civil suit for arrears of rent and possession was filed by landlord. During its pendency the suit premises were purchased by a co-operative society and was added as an additional plaintiff. Subsequently the State Govt. issued a notification making the provisions of the Kerala Buildings (Lease and Rent Control) Act (1965) applicable to the locality wherein the suit premises were located. Held that though the provisions of the Kerala Rent Control Act were made applicable to the locality wherein the suit premises were situated, the jurisdiction of the Civil Court did not get ousted in the light of the Notification SRO 1225 of 1979 issued under S. 25 according to which all buildings owned by the Co-operative Societies were exempted from the provisions of S. 11 of the Kerala Rent Control Act. The Co-operative Society which was impleaded as an additional plaintiff, having purchased the suit premises the provisions of the Kerala Rent Control....