T.A. HAMEED versus M. VISWANATHAN

T.A. HAMEED versus M. VISWANATHAN

The Full Bench had no jurisdiction to decide the revision petition on merits as it was not referred for decision; only the question of law was referred. After answering the reference, the matter should have been remitted to the Division Bench for deciding the revision petition on merits.

Parties
Appellant: T.A. Hameed; Respondent: M. Viswanathan
Jurisdiction
India
Judgment Date
21 February 2008
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Civil Appeal No. 8422 of 2001 dismissed as infructuous; Civil Appeal No. 1817 of 2004 allowed to the extent indicated.
Legal Topics
Jurisdiction of Full Bench of High Court, Reference of Question of Law, Kerala Buildings (lease and Rent Control) Act S.11(17)
Practice and Procedure Tenancy Rent Control Jurisdiction of Full Bench of High Court Reference of Question of Law Kerala Buildings (lease and Rent Control) Act S.11(17)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

T.A. Hameed

Appellant

M. Viswanathan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether the Full Bench of the High Court had jurisdiction to decide the revision petition on merits when only a question of law was referred.
  2. 2 Whether legal heirs of a deceased tenant are entitled to protection under Section 11 (17) of the Kerala Buildings (Lease and Rent Control) Act.

Ratio Decidendi

The Full Bench had no jurisdiction to decide the revision petition on merits as it was not referred for decision; only the question of law was referred. After answering the reference, the matter should have been remitted to the Division Bench for deciding the revision petition on merits.

Court Disposition

Civil Appeal No. 8422 of 2001 dismissed as infructuous; Civil Appeal No. 1817 of 2004 allowed to the extent indicated.

Orders

  • Revision petition stands revived and shall be placed for hearing before a Division Bench for disposal in accordance with law after hearing both parties.
  • No order as to costs.