ABDUL AZEEZ Vs. SANKARAN

JUDGEMENT

(1.) In this Original Petition filed under Art.226 and 227 of the Constitution of India, the petitioner challenges Ext. P5 Order passed by the Rent Control Court, Koyilandy in I.A. No. 1140/2001 in R.C.P. No. 44/2000 directing joint trial of R.C.P. Nos. 44/2000 and 45/2000.

(2.) R.C.P. No. 44/2000 is filed by the first respondent landlord for eviction of the petitioner tenant under S.11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act) R.C.P. No. 45/2000 is filed by the first respondent landlord for eviction of the second respondent tenant under S.11(4)(iii) of the Act. The petitioner and respondent No. 2 are brothers and they have jointly constructed a new building in the same town and it has nine shop rooms on the ground floor.

(3.) According to the first respondent, since the petitioner and the second respondent have jointly constructed a new building in the same town and since the said building is sufficient for their requirements, they are liable to be evicted from the petition scheduled shop rooms under S.11(4)(iii) of the Act. The first respondent herein is the petitioner in both the R.C.Ps. The counter petitioners in the R.C.Ps. are the two brothers who jointly own the newly constructed building in the same town. The facts to be proved to substantiate the claim for eviction in both the cases are in respect of the very same building. Hence the first respondent filed an application I.A. 1140 of 2001 before the Rent Control Court under S.23(1) of the Act and S.151 of the C.P.C. praying for joint trial of the above mentioned two R.C.Ps. The Rent Control Court held that the joint trail of the two cases would minimise the evidence and would be convenient for both the parties and directed joint trial. The said order of the Rent Control Court is under challenge in this Original Petition.