Supreme Court of India · 1969-04-21
E. V. MATHAI vs SUBORDINATE JUDGE, KOTTAYAM & ORS.
- Citation / case number
- SC 1969/60111
- Court
- Supreme Court of India
- Petitioner
- E. V. MATHAI
- Respondent
- SUBORDINATE JUDGE, KOTTAYAM & ORS.
- Bench
- MITTER, G.K.
Judgment text excerpt
The Supreme Court held that under Section 34(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965, legal proceedings initiated under the repealed 1959 Act can continue under the new Act, as the corresponding provision for eviction due to sub-letting is found in Section 11(4). The Court clarified that 'corresponding' does not require identical provisions but rather similar ones. The District Judge's authority under Section 20 of the 1965 Act allows for a broader review than that under Section 115 of the Code of Civil Procedure, thus affirming the eviction order based on sub-letting, despite the appellant's claims.