IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 RCRev..No. 444 of 2006() ------------------------ RCA.7/2005 of DISTRICT COURT, KALPETTA RCP.NO.24/2004 OF MUNSIFF COURT, SULTHAN BATHERI .................... APPELLANT/REVISION PETITIONER ------------------------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, IRRIGATION (GROUND WATER) DEPARTMENT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, IRRIGATION INVESTIGATION SUB DIVISION, CIVIL STATION, KANNUR. 4. ASSISTANT EXECUTIVE ENGINEER, IRRIGATION INVESTIGATION SUB DIVISION, (KABANI WATER), ALFA TOURIST HOME, KOTTAKUNNU, S.BATHERI. BY GOVERNMENT PLEADER SMT. P.N.SUMANGALA RESPONDENT(S): RESPONDENT ------------------------- MOOSA HAJI, S/O.AVARAN, MANAGING PARTNER, ALFA TOURIST HOME, SULTHAN BATHERI AMSOM AND DESOM, KOTTAKUNNU, SULTHAN BATHERI. ADV. SRI.GEORGE ABRAHAM FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 19.11.2009 , THE COURT ON 19/11/2009 PASSED THE FOLLOWING: RCR.444/2006 2 ORDER IN I.A.NO.3651/2006 IN RCR.NO.444/2006 DISMISSED. 19-11-2009. SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE // True Copy // P.A. To Judge PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` R.C.Rev. No. 444 of 2006 D ``````````````````````````````````````````````````````` Dated this the 19th day of November, 2009 O R D E R Pius C. Kuriakose, J. The government is in revision against the judgment of the rent control appellate authority, confirming the order of the rent control court, fixing the fair rent for the building, which the government had taken on lease for accommodating the Superintending Engineer's office. The substantial ground raised in this RCR is that the rent control court does not have jurisdiction to fix fair rent, in view of the striking down of Section 5 by this Court in Issac Ninan Vs. State of Kerala [1995 (2) KLT 848]. We are unable to uphold this ground in view of the subsequent judgment of this Court, reviewing the earlier judgment in Issac's case. It is brought to our notice that the judgment of the Division Bench of this Court, reviewing the earlier judgment in Issac's case and restoring Section 5, is approved by the Supreme Court. Smt.P.N.Sumangakla, learned Government Pleader, submits that the building in question is already surrendered. The above RCR.444/2006 : 2 : submission is not disputed and we accept the same. Despite the surrender of the building, fixation of fair rent by the impugned judgment can have implications in suits, if any, filed by the respondent for recovery of arrears of rent. Neither side is able to say anything about suits for recovery of arrears. It is needless to mention that unless suits are filed on time, the suits for arrears of rent will be time barred. Under the impugned judgment, the fair rent was fixed for the period from 01-01-1998 to 30-06-1999 to Rs.3,014/- and for the subsequent period from 01-07-1999 at Rs.3,834/-. Section 6 of the Rent Control Act which created a bar on the power of rent control court to fix the fair rent of a building, which is already fixed once, has been struck down. Therefore, it may be possible for the rent control court now to fix the fair rent once again. At the same time, we are unable to approve the action of the court below fixing the fair rent for the same building for two different periods by the same judgment. Hence, we dispose of the RCR issuing the following directions. The decision of the rent control court and the appellate authority fixing the fair rent of the building at Rs.3,014/- from RCR.444/2006 : 3 : 01-01-1998 till 30-06-1999 is approved. The further decision fixing the fair rent for the subsequent period at Rs.3,834/- is set aside. The fair rent for the period subsequent to 30-06-1999, if necessary, will be determined in a fresh proceedings, which may be initiated by the landlord. The RCR stands allowed to the above limited extent. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks