IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 6765 of 2009(M) ------------------------- RCP.144/2007 of PRL.M.C.KOZHIKODE-I .................... PETITIONER(S): --------------- CHAMAKKALAYIL JAYAPRAKASH, S/O.UNNI, RESIDING AT CHELAVOOR AMSOM DESOM, KOZHIKODE. BY ADV. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): --------------- P.MOHANDAS, S/O.P.T.LAZAR, RESIDING IN VENGERI AMSOM DESOM, KOZHIKODE TALUK. ADV. SRI.V.V.SURENDRAN FOR R1 SRI.P.A.HARISH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C)No. 6765 of 2009 ------------------------ Dated this the 11th day of March, 2009 JUDGMENT C.K.Abdul Rehim, J. The petitioner/landlord in RCP No.144/2007 on the files of the Rent Control Court, Kozhikode, is the petitioner herein. Challenge is against Exts.P5 and P6 interim orders passed by the Rent Control Court. It is submitted by the counsel for petitioner that Rent Control Petition stands posted for evidence of the respondent/tenant after closing evidence on behalf of the petitioner. At this stage, Exts.P1 to P3 applications were filed. Ext.P1 is interim application to receive additional document, which was allowed as per Ext.P4 order. Ext.P2 is filed for receipt of additional witness list and Ext.P3 is filed for re-opening the evidence. Exts.P2 and P3 applications were dismissed by the Rent Control Court through Exts.P5 and P6 orders finding that there is no sufficient grounds to entertain those applications and to reopen the evidence. 2. Heard Mrs. Prabha R.Menon learned counsel appearing for the petitioner and Mr.P.A.Harish learned counsel appearing for the respondents. The additional documents sought to be proved WPC.No.6765/2009 2 in evidence is a paper advertisement published by the Kozhikode Corporation, which is an auction notice offering vacant rooms in a complex to be occupied on licence basis. According to the petitioner, the said document, if marked in evidence, will prove availability of suitable buildings for shifting business of the tenant. It is evident from Ext.P4 order that the Rent control Court has received the said document on files. The question to be considered is whether the Rent Control Court is justified in denying opportunity to the petitioner to mark the said document in evidence. We do not find any cogent reason for denying opportunity to the petitioner in marking the said document . On the other hand, denial amounts to shutting down opportunity to the petitioner for adducing available evidence, which he considers as crucial in deciding the issue involved. In our opinion such a denial of fair opportunity to adduce evidence will only lead to multiplicity of litigations, because that may result in remand of the case by the appellate authority or the revisional authority, for adducing further evidence. 3. The learned counsel for respondent had contended that the additional document sought to be marked in evidence is not WPC.No.6765/2009 3 admissible in evidence and that it could not be proved through the witness through whom it is sought to be marked. In this writ petition we are not proposing to issue any direction regarding admission of the document in evidence. The admissibility of the document in evidence always need be decided on the basis of provisions relating to law of procedure and evidence. The respondent is free to raise his objections in this regard. 4. Under the above circumstances, Exts.P5 and P6 orders are set aside. I.A. Nos. 961/2009, 960/2009 in RCP No.144/2007 stand allowed. The Rent Control Court will permit the petitioner to adduce further evidence based on the additional document produced. Needless to say that the respondent will be given opportunity to rebut the evidence so adduced. The writ petition is disposed of as above. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk