RAHILA JALAL Vs. P A SIVARAJAN

JUDGEMENT

(1.) This original petition is filed challenging the order dated 9.4.2018 in EA No.116/2018 in EP No.1436/2015 in RCP No.92/2011 of the Principal Munsiff's Court, Thrissur, whereby the application filed by the petitioner for appointment of an expert to aid the advocate commissioner, as required by the commissioner, was dismissed.

(2.) The petitioner is the landlord, who filed RCP No.92/2011 before the Rent Control Court, Thrissur, seeking eviction of the respondent/tenant on the ground under section 11(3) and 11(4) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act). The said rent control petition was allowed and eviction was ordered under section 11(3) of the Act. According to the petitioner, the respondent vandalised the building causing heavy damages and thereafter he filed Ext.P1 statement surrendering the key of the tenanted premises before the court and now the key is in the custody of the execution court. In the above context, the petitioner filed an application for appointing an advocate commissioner, to report the damages caused by the respondent and the said application was allowed. The commissioner filed Ext.P2 report stating the extent of damages caused by the respondent to the building. Further, the commissioner has reported that in the absence of assistance of an expert, loss cannot not be assessed. Therefore, the petitioner filed Ext.P3 application for providing an expert, for assessing the loss caused by the respondent to the building.

(3.) The respondent filed an objection to the said petition. After considering the rival contentions, the Tribunal passed Ext.P5 order, dismissing the said petition.