IBRAHIM Vs. CHERUPILLATT C.J. CHACKO

JUDGEMENT

(1.) THE landlord in a petition for eviction, aggrieved by the order passed by the Rent Control Court refusing to grant leave to withdraw the petition, is the petitioner herein. The Rent Control Petition No.15/2009 was filed by the landlord claiming eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act (for short, the 'Act') and Ext.P3 is the copy of the petition. It is averred in para.3 of the O.P.(RC) that the landlord actually failed to disclose in the pleadings the availability of vacant space on the first floor of the building. Therefore, the petitioner wanted to withdraw from the proceedings and leave was sought to initiate fresh proceedings.

(2.) IN Ext.P4 order, the Rent Control Court was of the view that Order XXIII of the Code of Civil Procedure does not govern rent control proceedings and there are no grounds to permit the petitioner to withdraw from the proceedings.

(3.) IT is also submitted by relying upon the decision of the Apex Court in Baniram and others vs. Gaind and others [AIR 1982 SC 789] that as far as a formal defect is concerned, leave can be granted by the court.