KESAVAN Vs. PARAMESWARAN NAMBOODIRIPAD

JUDGEMENT

(1.) These are petitions filed under S.24(1)(b) of the Code of Civil Procedure. S.24(1)(b) is to the following effect:

(2.) The plaintiffs in the suit filed R. C. P. No. 33 of 1974 before the Rent Control Court, Ernakulam for eviction against late Easwari Amma and the petitioner. The eviction was sought on the ground of arrears of rent as on 31-7-1973, It was dismissed by the Trial Court. The landlord filed R. C. A. No. 122 of 1980 before the appellate authority. It was allowed by judgment dated 13-9-1983. The petitioner herein filed R. C. R. P. No. 109 of 1983 before the District Court, Ernakulam, which is still pending.

(3.) Alleging that the questions involved in O. S. 29 of 1974 (A. S. 235 of 1980) and also R. C. P. No. 33 of 1974 are one and the same and the fundamental question involved in both the cases being whether the petitioner had defaulted payment of rent and whether there is any arrears of rent as on 31-7-1973, the petitioner has filed this petition praying that the two proceedings could be heard together and the revision filed from R. C. P. No. 33 of 1974 pending in the District Court, R. C. R. P. No. 109/83, may be withdrawn to this court to be heard along with AS. No. 235 of 1980. It is also stated that R. C. R. P. No. 109 of 1983 pending in the District Court, Ernakulam and AS. 234 of 1980 are similarly connected matters. Stating that the questions involved in both the proceedings pending in the District Court and the High Court are one and the same, the petitioner has filed the petition to withdraw R. C. R. P. No. 109 of 1983 to be heard along with AS. Nos. 234 and 235 of 1980. The prayer contained in these petitions are opposed by the respondents. Respondents' counsel Mr. M. K. Narayana Menon urged the following points in opposition to the above petitions for withdrawal of the revision pending in the District Court being withdrawn to this court to be heard along with the appeals pending in this court.