EASWAR GANGARAM PATTIL Vs. UDUPPI MADHAVA MANDIRAM TRUST

JUDGEMENT

(1.) The respondent filed Rent Control Petition No. 151 of 2011 against the petitioner before the Rent Control Court, Ernakulam under R. 11(7) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act. The petition schedule room is occupied by the tenant and he is doing business in silver in that building. According to the landlord, a temple is situated in the ground floor of the building and the space occupied by the petition schedule room is required for the purpose mentioned in the Rent Control Petition. Before filing the Rent Control Petition, a notice was issued by the landlord on 28.7.2011 [Ext. R1(a)]. In that notice, mention was made about the shrine of Sree Anjaneya housed in the building. In the reply notice sent by the tenant, there is no dispute regarding the nature of the shrine in the place. However, in the counter filed by the tenant in the Rent Control Petition, the tenant stated thus:

(2.) According to the landlord, the above contention raised by tenant necessitated the filing of I.A. No. 3709 of 2012 to appoint a Commissioner to note the following matters:

(3.) The Court below allowed I.A. No. 3709 of 2012, by the order dated 4.8.2012 and an Advocate Commissioner was appointed.