RASHEEDA Vs. MUHAMMAD

JUDGEMENT

(1.) The respondent filed Rent Control Petition No.4 of 2017 before the Rent Control Court (Munsiff Court), Payyoli seeking eviction of the petitioner under Sec. 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The petitioner filed Interlocutory Application No.2 of 2021 in the R.C.P. for appointment of a commission. The respondent resisted it by filing a counter affidavit. The Rent Control Court dismissed the application as per Ext.P5 order dtd. 10/8/2021. The petitioner challenges legality of Ext.P5 order in this original petition filed under Article 227 of the Constitution of India.

(2.) Heard the learned counsel appearing for the petitioner and the respondent.

(3.) The learned counsel for the petitioner submitted that the respondent gave evidence as PW1 in the R.C.P and during cross examination he undertook to take out a commission, but later shied away and hence, the petitioner was compelled to file I.A.No.2 of 2021. The learned counsel would contend that the claim for eviction under Sec. 11(3) of the Act was resisted by the petitioner on the ground inter alia that the respondent has been in possession of several other vacant rooms. PW1 admitted that he owns 14 rooms. However he took a stand that those rooms were let out to others, which according to the petitioner is untrue. It was in the said circumstances the petitioner was compelled to take out a commission, but the Rent Control Court illegally disallowed the application, I.A.No.2 of 2021.