Judgment :- 1. This civil revision petition relates to an application under S. S of the Kerala Buildings (Lease & Rent Control) Act, 1965 ("the Act"). The Rent Control Court as well as the Appellate and the Revising Authorities held that the revision petitioner being a sub-tenant was not entitled to apply under S.5 of the Act for fixation of fair rent. 2. Under S.S, the Rent Control Court may, on the application of either the landlord or the tenant, fix the fair rent for a building. A landlord is defined in sub-section (3) of S.2 of the Act as follows: "'Landlord' includes the person who is receiving or is entitled to receive the rent of a building, whether on bis own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant. Explanation: A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant" The statutory definition of "landlord" shows that any person who is entitled to receive the rent of a building is a landlord. The Explanation to the subsection shows that even a tenant who sublets is deemed to be a landlord of the sub-tenant, thereby implying that the latter in relation to the former is a tenant under the Act. This is the inevitable corollary of the Explanation. 3. The Explanation to the subsection shows that even a tenant who sublets is deemed to be a landlord of the sub-tenant, thereby implying that the latter in relation to the former is a tenant under the Act. This is the inevitable corollary of the Explanation. 3. A 'tenant' is defined as follows in sub-section (6) of S.2: "'tenant' means any person by whom or on whose account rent is payable for a building and includes - (i) the heir or heirs of a deceased tenant, and (ii) a person continuing in possession after the termination of the tenancy in his favour, but does not include a Kudikidappukaran as defined in the Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964), or a person placed in occupation of a building by its tenant, or a person to whom the collection of rents or fees in a public market, cart stand or slaughter house or of rents for shops has been farmed out or leased by a Municipal Council, Municipal Corporation, Township Committee or Panchayat;" The definition of 'tenant' shows that any person who is obliged to give rent for a building is a tenant. However a person who is placed in occupation of a building by its tenant is not a tenant unless, as indicated in the Explanation to sub-section (3) of S.2, a sub-tenancy can be imputed in the relationship between the two. If this relationship partakes the character of tenancy in the sense that the transferee derives an interest in the building (as opposed to mere personal privilege for the user of the building) and he is obliged to pay rent therefor to the transferor who is the tenant and who in terms of the Explanation to sub-section (3) is a landlord in relation to the transferee, the transferee as a sub-tenant is deemed to be a tenant within the meaning of the Act. 4. In the present case the 1st respondent himself is a tenant of the 2nd respondent. But he is also the landlord of the revision petitioner for he granted a lease in favour of the latter. It is therefore clear that between the 1st respondent and the revision petitioner there is a relationship of landlord and tenant in respect of the building. 5. But he is also the landlord of the revision petitioner for he granted a lease in favour of the latter. It is therefore clear that between the 1st respondent and the revision petitioner there is a relationship of landlord and tenant in respect of the building. 5. It is in respect of the building that a fair rent is determined under S.5 of the Act, and dehors the occupant. It is an incident of the tenure regarding the building. As stated by the Supreme Court in M/s. Raval and Co. v. K. G. Ramachandran (AIR. 1974 SC. 818), "A close reading of the Act shows that the fair rent is fixed for the building and it is payable by whoever is the tenant, whether a contractual tenant or statutory tenant. What is fixed is not the fair rent payable by the tenant or to the landlord who applies for fixation of fair rent but fair rent for the building, something like an incident of the tenure regarding the building." Fair rent is an attribute of the building. It is the rent that can reasonably and fairly be fixed for the building, dependent on the age, condition, character and the location of the building. It has nothing to do with the financial ability or social status of the occupant. So long as the occupant has a tenurial nexus with the building, he is entitled to ask for a determination of the rent that is fairly payable for the building. His tenurial nexus may be either as a tenant or as a sub-tenant, and in either event he, a as person having an interest in the building and an obligation to pay rent therefor to his transferor of the interest, is entitled to apply for a determination of the fair rent with reference to the building. justified in contending that his application under S.5 is maintainable. Whether or not any rent is due from him, and, if so, for what period, is a matter for determination. The matter is therefore remanded to the Rent Control Court to fix the fair rent. With this direction the civil revision petition is allowed. The parties will bear their respective costs. 6. In the circumstances I am of the view that the revision petitioner who is a sub-tenant is perfectly Allowed.