P.DEVASAHAYAM Vs. G.SUDHAKARAN NAIR

JUDGEMENT

(1.) The revision petitioner is the tenant against whom the respondent filed R.C.P. No.62 of 2005 seeking an order for fixation of fair rent. The parties are referred to as the landlord and tenant respectively.

(2.) In the Rent Control Petition, the landlord was examined as PW1 on 3.10.2016 and Exts.A1 to A2 and Ext.B1 to B12 were marked on his side. The tenant filed I.A.No.10309 of 2006 alleging that at the time of examining the landlord, he had given false evidence before the Rent Control Court. The tenant filed the above application for prosecuting the landlord for offence punishable under section 193 of the IPC and requested the court to proceed against the landlord under section 340 of the Code of Criminal Procedure.

(3.) The landlord filed objection contending that such an application for prosecution would not lie before the Rent Control Court. He also denied the allegation that he has given false evidence before the trial court. According to him, the application is intended to cause delay in disposal of the Rent Control Petition. He also contended that the rent was in arrears.