N.K. ABDUL HASSAN Vs. PEARL PRAKASH

JUDGEMENT

(1.) THIS Original Petition under Article 227 is filed by the petitioner/tenant who is facing proceedings for eviction seeking the following reliefs:

(2.) BY Ext.P5 order, the Rent Control Court has dismissed I.A.917/12 which was an application for issuance of a fresh commission to submit a report regarding the various aspects mentioned in Ext.P4 on the basis of an inspection. The Rent Control Court passed Ext.P5 order mainly on the reason that a Commissioner appointed at the O. P. (RC) No.682 of 2012 -2 -instance of the landlord has already filed a report touching the various aspects mentioned in Ext.P4.

(3.) SRI . K.K. Unni, the learned counsel for the respondent who took notice as directed by us submitted that the Commissioner already appointed at the instance of the landlord filed his report two years ago and the petitioner/tenant did not file any objection to the same. The RCP now stands special listed for trial on 08/03/12. The intention of the petitioner in filing the OP now is only to protract the proceedings and thereby postpone the inevitable order of eviction. He submitted that at any rate the only aspect which can be said to be not covered by the Commission Report already available is point No.3 in Ext.P4. In response Sri. Ramachandran Nambiar submitted that point No.4 also is not covered by the report presently available.