M.C. Joseph vs Malathy Amma

P. Krishnamoorthy, J.—This revision is filed under See. 20 of the Kerala Buildings (Lease and Rent Control), Act, 1965 against the order of the Appellate Authority, dated 15-6-1989. Under Sec. 20 of the Act, if the appellate authority is a Subordinate Judge, a revision will lie to the District Court. The appellate order in this case being by a Subordinate Judge, revision under Sec. 20 of the Act will lie only to the District Court. The Notification by the Government, dated 31-8-89 notifying the District Judges as appellate authorities under the Act can have no application to the facts of this case. This is a decision by the appellate authority on 15th June, 1989, long prior to the above mentioned notification and the Subordinate Judge had jurisdiction to decide the appeal as the appellate authority, in view of the earlier notifications conferring that power on the Subordinate Judges. In that view of the matter,- the revision tiled before this Court is not maintainable and the proper remedy of the revision petitioner is to file a revision before the appropriate District Court.

The revision is not maintainable before this Court. The revision petition along with the orders will be returned to counsel for the revision petitioner for being presented in the appropriate court.