MADHUSOODHANAN Vs. HARIDAS

JUDGEMENT

(1.) The petitioner in this Original Petition filed under Article 227 of the Constitution of India is the petitioner in R.C.P.No.17 of 2021 before the Rent Control Court (Additional Munsiff), Irinjalakuda. He filed I.A.No.4 of 2022 seeking leave to amend the rent control petition. The respondent resisted it by filing an objection. The Rent Control Court dismissed that petition as per order dtd. 11/1/2023. The said order is under challenge in this Original Petition.

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

(3.) In the rent control petition, it was averred that the petitioner was the owner of the petition schedule room. As against the plea of the petitioner that the respondent is a tenant liable for eviction under Sec. 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, the respondent contended in his objection that he was a permanent tenant in terms of the agreement between the father of the petitioner and the respondent. In the wake of such an objection, the petitioner had filed I.A.No.4 of 2022 to add an averment in the rent control petition that the petition schedule room along with other properties was obtained by the father of the petitioner and other co-owners. The objection of the respondent is that by adding such a plea, the admission of the petitioner in the rent control petition that he was the sole owner of the petition schedule room would stand withdrawn and that will workout prejudice to the respondent.