NAZAR Vs. K. P. NASEEMA

JUDGEMENT

(1.) These are the two Revisions by the tenants against the concurrent findings rendered under S.11(2)(b), S.11(3) and S.11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'), by the Rent Control Court as well as the Rent Control Appellate Authority, in two Rent Control Petitions filed by the same landlord against the respective tenants, who are the husband and wife.

(2.) During the pendency of these Revisions, two applications were filed; I. A. No. 1494 of 2017 in R. C. R. No. 8 of 2017 is filed by the tenant, under Order VI R.17 of the Code of Civil Procedure, for the purpose of amending the counter statements filed by the respective tenants in the Rent Control Petitions. I. A. No. 982 of 2017 in R. C. R. No. 7 of 2017 is filed under Order VI R.17 of Code of Civil Procedure by the landlord to amend the schedule of the petition.

(3.) The application submitted by the tenant, I. A. No. 1494 of 2017, was objected by the landlord mainly on the reason that it is not permissible to amend the counter statement / objection submitted by the tenants at the revisional stage and if there is any omission to raise any contention the same would stand as barred by the principles of constructive res judicata by the operation of Explanation IV of S.11 of CPC. It was also inter alia contended that the said application cannot be entertained as they have already suffered two orders from the Rent Control Court and the Rent Control Appellate Authority.