Judgment :- 1. The petitioner in this Original Petition challenges the validity of an order Ext. P-1 passed by the Rent Controller, Wadakkancherry under the provisions of the Kerala Buildings (Lease and Rent Control) Act, holding that the first respondent's denial of the petitioner's title and right to evict him from the portion of the building described in the Rent Control Petition is bona fide and allowing the petitioner to file a suit for eviction of the respondents in the R.C.O.P. in a Civil Court. The petitioner is the landlord of the building concerned and she brought forward the Rent Control Petition alleging that the house had been orally entrusted to the first respondent on a monthly rent of Rs. 20/-. The first respondent denied the entrustment by the petitioner and contended that the lease was from the father of the petitioner, that there was a subsequent oral agreement to sell the leasehold property to him and in pursuance of the agreement he was put in possession of the property. The order of the Rent Control Court was obviously passed on the basis of Second proviso to S.11 of the Act; wherein it is stated "Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim is bona fide and if it records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and such Court may pass a decree for eviction on any of the grounds mentioned in this section, notwithstanding that the court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded". It appears to me that the petitioner could take up the matter under S.18 of the Rent Control Act in appeal to the Appellate Authority. The relevant provision is S.18(b) of the Act. As per the above mentioned provision, any person aggrieved by an order passed by the Rent Control Court may prefer an appeal. But the learned counsel for petitioner contends that it is not the final order as such and therefore an appeal may not be the correct remedy. He invited my attention to the decision of the Punjab High Court in Balwant Singh v. Sant Ram Sharma, ILR.1964 (2) Punjab, 127. But the learned counsel for petitioner contends that it is not the final order as such and therefore an appeal may not be the correct remedy. He invited my attention to the decision of the Punjab High Court in Balwant Singh v. Sant Ram Sharma, ILR.1964 (2) Punjab, 127. There, Justice Grover, as he then was held "that when a question arises in proceedings before the Rent Controller under the Delhi Rent Control Act, 1958, whether relationship of landlord and tenant exists, between the parties the order disposing of that issue is not one which is made under any of the provisions of the Act. That question has to be decided for settling whether the Rent Controller would have jurisdiction to entertain and proceed with the application for fixation of standard rent or for eviction, as the case may be, which has been filed before him. But while deciding that matter the Rent Controller is not making any order under the Act although he may have to consider the definitions of the expressions "landlord" and "tenant" given in S.2. It is difficult to hold that every order made by the Rent Controller in the exercise of his jurisdiction as such would be an order made under the Act. No appeal, therefore, lies from an order made by the Rent Controller on a preliminary issue as to whether relationship of landlord and tenant exists between the parties or not". The principle in this case cannot apply to an order like the impugned order which is specifically made under the proviso to S.11 of the Act. Apart from the fact that the impugned order is an order under the Act as such.it may be noted that S.18 (b) of the Kerala Act is differently worded from S.38 (1) of the Delhi Rent Control Act. S.18 (b) of the Kerala Act is as follows: "Any person aggrieved by an order passed by the Rent Control Court may, within thirty days from the date of such order, prefer an appeal in writing to the appellate authority haying jurisdiction. In computing the thirty days aforesaid the time taken to obtain a certified copy of the order appealed against shall be excluded." 2. In computing the thirty days aforesaid the time taken to obtain a certified copy of the order appealed against shall be excluded." 2. S.38 (1) of the Delhi Rent Control Act is as follows: "An appeal shall lie from every order of Controller made under this Act to the Rent Control Tribunal (hereinafter referred to as the Tribunal) consisting of one person only to be appointed by the Central Government by notification in the official gazette." Apart from the fact that under the Kerala Act for an appeal to lie, the order need not be an order made under the Act as such but will lie from every f order of the Rent Control Court, it may also be stressed here that an order refusing to exercise jurisdiction on the ground that the matter will have to be fought out in a civil court, is an order under the Act because of the specific proviso to S.11 of the Act. 3. The alternative remedy available to the petitioner is quite adequate; apart from the fact that the appellate authority will be a judicial officer, not below the rank of a Subordinate Judge, there is the right of a revision to the District Court. The revision is heard by the District Court as a court under the Code of Civil Procedure and therefore a further revision also lies in the High Court. In these circumstances, it will not be proper to exercise the extraordinary jurisdiction of the High Court under Art.226 or 227 of the Constitution in the matter. An order declining jurisdiction will certainly be a final order as far as the Tribunal is concerned. 4. I see no reason to admit the Original Petition and issue notice to the respondents. The O.P. is disposed of as above. Dismissed.