VARGHESE Vs. MOIDEEN

JUDGEMENT

(1.) Clause.15 -- Notice to the parties in these matters is necessary and it is advisable to pronounce the order as far as possible in the place where they reside

(2.) This is a petition by the tenant of House No. 141 of the Eighth ward (formerly House No.247) and later House No.258 of the fifth ward) of the Ernakulam Municipality under Arts.226 and 227 of the Constitution and the main prayer in the petition is for a writ of certiorari quashing the order of the Rent Control Appellate Authority, Trichur (Ext. E) allowing the Rent Control Appeal, No.23 of 1953. The appeal was by the landlord whose petition for eviction, R.C.P. No.377 of 1951 was dismissed by the Rent Controller, by his order dated the 18th March 1953 (Ext. D).

(3.) Eviction was sought on the sole ground of default in the payment of rent, and after discussing the evidence the Rent Controller said: