MUHAMMED Vs. KESAVAN BHATTATHIRIPAD

JUDGEMENT

(1.) IN this second appeal, on behalf of the defendant-appellant Mr. K. A. Muhammed learned counsel, contests the concurrent view of both the subordinate courts that the fair rent proceedings that took place between the appellant and the mortgagee are not binding on the plaintiff, the landlord of the property.

(2.) NO doubt, it is seen that the appellant has taken proceedings for fixation of fair rent with the mortgagee as well as the present plaintiff, the landlord, on the party array. But ultimately it is seen on objection raised by the plaintiff in those proceedings that he is not a necessary party to those proceedings and that he has nothing to do with the present appellant, the Rent Court has passed an order dated 25-5-1955 holding " Kesavan Bhattathiripad is an unnecessary party. His name as R1 will be removed from the petition". This will clearly show that the plaintiff in this suit has been struck off from the array of parties in the fair rent application.

(3.) BOTH the subordinate courts have held that the Fair rent proceedings are not binding on the present plaintiff as he was not a party thereto and therefore decreed the suit as prayed for.