M.SANTHA Vs. THAYAMBATH PADMANABHAN

JUDGEMENT

(1.) THE respondent/landlord filed R.C.P.No.20 of 2011, on the file of the Rent Control Court (Munsiff), Payyannur, against the petitioners under Sections 11(2), 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act. THE petitioners/tenants contended that they have not made any material alterations, that the petition schedule room is a lean to and that the landlord is conducting a big business in a building having an area of about more than ten times of the area of the petition schedule room.

(2.) THE petitioners/tenants filed I.A.No.976 of 2011 to appoint a Commissioner to inspect the petition schedule room and also the building occupied by the landlord. THE Commissioner filed Ext.P2 report dated 9.3.2012. THE respondent/landlord filed I.A.No.683 of 2012 (Ext.P3) to appoint a Commissioner to inspect several other buildings to show that vacant rooms are available in those buildings. THEreafter, the respondent/landlord filed I.A.No.750 of 2012 to set aside the Commissioner's report dated 9.3.2012.