IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 21031 of 2008(D) -------------------------- RCP.72/2007 of I ADDL.M.C. (RENT CONTROL COURT)TRIVANDRUM .................... PETITIONER: ---------------------- ABDULLA, S/O MOHAMMED ABDUL KHADER, T.C. 49/574 -AL-ARAF, KALIPPANKULAM, KUTHUKALLINMOODU, MANACAUD, THIRUVANANTHPURAM. BY ADV. SRI.T.KRISHNANUNNI (SR.) SRI.C.M.MOHAMMED IQUABAL RESPONDENT: ----------------------- SANJANA, D/O M.A. HAMEED, T.C. 49/207, MUDAVANMUGAL, POOJAPPURA, THIRUVANANTHAPURAM. (NOW RESIDING AT T.C. 18/810 (1) TAQWA K.R.A.NO.9, KONGALAM, MUDAVANMUGAL, POOJAPPURAM, THIRUVANANTHAPURAM ). BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & V.K. Mohanan, JJ. -------------------------------------- W.P.(C) No.21031 of 2008-D --------------------------------------- Dated this the 11th day of July, 2008 Judgment Koshy,J. Petitioner is the respondent in the rent control petition pending on the file of the Rent Control Court, Thiruvananthapuram on behalf of the landlord. Power of Attorney holder-mother was examined. It is the contention of the petitioner that the real landlord had accepted some amount as advance from him and she has not signed the pleadings. Therefore, she want to examine the petitioner in the R.C.P. Writ Petitioner (respondent in the R.C.P.) cannot compel the opposite party to come to the court and give evidence. It is for the petitioner to adduce evidence to prove his contentions. The court has to take a final decision on the basis of evidence. If the court wants for sufficient reason, court can summon any of the parties to give evidence. But, one party to the case cannot compel the opposite side to give oral evidence. We see no ground to interfere in Exts.P8 and P9 orders. It is submitted that the case is posted for orders as they did not adduce evidence in the last posting date. It is for the petitioner to file an application before W.P.(C)No. 21031/2008 2 the rent control court and get himself ready for examination before the court instead of dragging the matter. The writ petition is disposed of without prejudice to his other rights. J.B.Koshy Judge V.K. Mohanan Judge vaa W.P.(C)No. 21031/2008 3 J.B. KOSHY AND V.K. MOHANAN,JJ. ------------------------------------- W.P.(C) No. 21031 of 2008-D ------------------------------------- Judgment Dated:11th July, 2008