P.K.PAULOSE Vs. ELDHO P.MATHEW

JUDGEMENT

(1.) There already exists the report dated 20.06.2016 of the Advocate Commissioner at the instance of the landlord in the Rent Control Petition. The remedy if any of the tenants is to apply for remitting the report or to set aside the same. The court below has negatived the request of the tenants to depute another Advocate Commissioner on the eve of trial. The appointment of a second Commissioner without setting aside the report of the first Commissioner has been deprecated in Swami Premananda Bharathi v. Swami Yogananda Bharathi [1985 KLT 144 (DB)]. The court should not be put the predicament of choosing one report from the many.

(2.) The court below has already directed the recording of the evidence of the parties by another Advocate Commissioner. It is open to the tenants to apply for remitting the report of the Advocate Commissioner if they feel that it is inadequate. Such a request shall be considered during the trial of the rent control petition. The rent control court on the basis of the evidence adduced can remit the report if there is any necessity for the same. That would depend upon the contentions of either parties in the rent control petition.

(3.) There is however no error in the order impugned warranting interference invoking supervisory jurisdiction of this court.