2025:KER:26720 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 RCREV. NO. 60 OF 2025 THE JUDGMENT DATED 22.05.2024 IN RCA NO.14 OF 2024 OF RENT CONTROL APPELLATE AUTHORITY, MANJERI THE ORDER DATED 05.03.2024 IN IA NO.03/2022 IN RCP NO.1 OF 2022 OF MUNSIFF COURT, PERINTHALMANNA REVISION PETITIONER/APPELLANT/RESPONDENT: P.S.NATARAJ AGED 58 YEARS S/O.SADASIVAN, NATARAJ BHAVAN, RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM, PIN - 676302 BY ADVS.SRI.KALEESWARAM RAJ SMT.THULASI K. RAJ SMT.CHINNU MARIA ANTONY SMT.APARNA NARAYAN MENON RESPONDENT/RESPONDENT/PETITIONER: MUHAMMADALI S/O.ABU HAJI, THONIKKARA HOUSE, TIRURKKAD POST, PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679351 BY ADV.SRI.K.M. SATHYANATHA MENON THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RC Rev.No.60 of 2025 2 2025:KER:26720 ORDER Dated this the 24th day of March, 2025 A.Muhamed Mustaque, J. The revision petitioner is the tenant. He challenges an order under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). This was subjected in an appeal, the appellate authority took the view that the appeal is not maintainable. 2. The learned counsel for the revision petitioner placed reliance on the judgment of this Court in Basil N.M. v. Regional Sports Centre, Kadvanthra [2023 (3) KHC 700] and submits that any right is affected consequent upon passing of the order under Section 12 (1) of the Act, the appeal would be maintainable. 3. In this matter, we note that subsequently on 09.04.2024 an order under Section 12(3) of the Act was passed. RC Rev.No.60 of 2025 3 2025:KER:26720 Therefore, the Order under Section 12 (1) would merge with the order passed under Section 12 (3) of the Act. The right of Appeal to the Rent Control Appellate Authority under Section 18 of the Act is only against any final order. Therefore, the remedy of the revision petitioner is to challenge the final order. We reserve the liberty of the revision petitioner to challenge the final order and to raise all contentions raised in the appeal and revision before this Court. The dismissal of the appeal will not stand in the way of the petitioner challenging the order under Section 12 (3) raising all the grounds urged before this Court and appellate authority. The Rent Control Revision is dismissed accordingly. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE MJL