PREM K.A. AND ORS. Vs. K. MADHU

JUDGEMENT

(1.) The petitioners are the tenants in RCP No. 143 of 2014 on the file of the Rent Control Court, Ernakulam, a petition filed by the respondent/landlord for an order of eviction under Sec. 11(8) of the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as "the Act" for short. The tenants had, after they entered appearance and filed a counter -statement, filed IA No. 10047 of 2015 (Ext. P1 in the instant original petition) praying for an order directing the landlord who was joined as the respondent in the said application to produce the following documents:

(2.) Relying on Rule 111 of the Civil Rules of Practice, Kerala it is contended that the petitioners have a right to inspect any document filed in Court and obtain copies thereof, that there is no prohibition either in the Code of Civil Procedure or in the Civil Rules of Practice, Kerala prohibiting the grant of certified copies of any document produced in Court and therefore, the Rent Control Court erred in holding that the documents produced are only copies of originals which are with the departments concerned. The petitioners also dispute the correctness of the statement in the impugned order that learned counsel appearing for the petitioners had during the course of the hearing submitted that it will be sufficient if the parties or their counsel are permitted to inspect the documents so as to prepare for their defence.

(3.) Rule 111 of the Civil Rules of Practice, Kerala reads as follows: