AIR 2018 KERALA 23 ::2018 (1) KLT SN 41 (KER) ::(2018) 1 Ker LJ 155

Kerala High Court

Hon'ble Judge(s): K. Harilal, Raja Vijayaraghavan V. , JJ

(A) Interpretation of Statutes - 'Deeming provision' - It creates legal fiction - It is obligatory on part of court to ascertain purpose of that legal fiction and attribute all real consequences and intents to that fiction unless it is barred by any other law. 'Deeming provision' in statute creates legal fiction and it is obligatory on part of court to ascertain purpose of that legal fiction and attribute all real consequences and intents to that fiction unless it is barred by any other law. It is implied that legislature purposefully used word 'deemed' to give full effect to legal fiction created by provision so enacted. In other words, Legislature intended to confer status or attribute which was not possessed otherwise to thing or person. Court cannot deviate from strict application of fiction with all consequences thereof arise from fiction.(Para 13) (B) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) , S.14, S.11(8)— Execution of eviction order - Use of word 'deemed' - Order passed must have all legal sanctity and attributes of decree passed by Munsiff i.e. Civil Court - Shall be executable in Court of Munsiff within local limits of whose jurisdiction tenanted building is situated. (Para 14) ....