IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 OP (RC).No. 2782 of 2011(O) --------------------------- RCP.44/2008 of ADDL.M.C.,KOZHIKODE-II .................... (S): PETITIONER: ------------------------------- DR.P.C.SHAJI, S/O.P.K.CHANDRASHEKHARAN, AGED 46, `NANDANAM', P.O.AREECAD, PANNIYANKARA AMSOM DESOM, CALICUT-673 003. BY ADV. SRI.SRINATH GIRISH SRI.E.NARAYANAN RESPONDENT(S): --------------- 1. P.ABDUL RASHEED, S/O.ALI KOYA, AGED 55, ORIENTAL AUTOMOBILES, C.A.NO.21/3713, P.O.GOVT.ARTS COLLEGE, MEENCHANDA, CALICUT-673 018, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. 2. IMBICIBEEBI, FATHERS NAME NOT KNOWN TO PETITIONER, AGED 64, SUPER METAL INDUSTRIES, C.A.NO.21/3712, P.O.GOVT.ARTS COLLEGE, MEENACHANDA, CALICUT-673 018, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. 3. KOTTUKANDIYIL NARAYANAN, FATHERS NAME NOT KNOWN TO PETITIONER, AGED 65 YEARS, SIX STAR AUTO ENGINEERING, DOOR NO.29/3704 PART, P.O.GOVT.ARTS COLLEGE, MEENCHANDRA, CALICUT-673 018, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. 4. KOMADATHIL HARIDASAN, FATHERS NAME NOT KNOWN TO PETITIONER, AGED 63, DO. DO. 5. THAMARAKULATH SADASIVAN FATHERS NAME NOT KNOWN TO PETITIONER, AGED 64, DO. DO. OP (RC).No. 2782 of 2011(O) 6. PANDINJARE KANDIYIL CHOYIKUTTY FATHERS NAME NOT KNOWN TO PETITIONER, AGED 71, DO. DO. BY ADV. SRI.K.M.FIROZ FOR R2,4,5,6 SMT.M.SHAJNA FOR R2,4,5,6 THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (RC).No. 2782 of 2011(O) APPENDIX PETITIONER'S EXHIBITS EXHIBIT.P1: TRUE COPY OF THE PETITION DATED 21/2/2008 IN R.C.P.23/2008 ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF), KOZHIKODE II A. EXHIBIT.P2: TRUE COPY OF THE PETITION DATED 21/2/2008 IN R.C.P.24/2008 ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF), KOZHIKODE II A. EXHIBIT.P3: TRUE COPY OF THE PETITION DATED 21/2/2008 IN R.C.P.44/2008 ON THE RENT CONTROL COURT (MUNSIFF), KOZHIKODE II A. EXHIBIT.P4: TRUE COPY OF THE COUNTER STATEMENT DATED 27/5/2008 IN R.C.P.23/2008 BEFORE THE RENT CONTROL (MUNSIFF) COURT KOZHIKODE IIA. EXHIBIT.P5: TRUE COPY OF THE COUNTER STATEMENT DATED 27/5/2008 IN R.C.P.24/2008 BEFORE THE RENT CONTROL (MUNSIFF) COURT, KOZHIKODE II A. EXHIBIT.P6: TRUE COPY OF THE COUNTER STATEMENT DATED 28/7/2008 IN R.C.P.44/2008 BY RESPONDENTS 2 TO 4 THEREIN THE RENT CONTROL (MUNSIFF) COURT, KOZHIKODE IIA. EXHIBIT.P7: TRUE COPY OF THE AFFIDAVIT IN I.A.4558/2010 DATED 18/10/2010 IN R.C.P.23/2008 BEFORE THE RENT CONTROL (MUNSIFF) COURT, KOZHIKODE II A. EXHIBIT.P8: TRUE COPY OF THE AFFIDAVIT IN I.A.4559/2010 DATED 18/10/2010 IN R.C.P.24/2008 BEFORE THE RENT CONTROL (MUNSIFF) COURT, KOZHIKODE IIA. EXHIBIT.P9: TRUE COPY OF THE AFFIDAVIT IN I.A.4557/2010 DATE 18/10/2010 IN R.C.P.44/2008 BEFORE THE RENT CONTROL (MUNSIFF) COURT, KOZHIKODE IIA. EXHBIT.P10: TRUE COPY OF THE COUNTER STATEMENT FILED IN I.A.4559/2010 IN R.C.P.24/2008 DATED 24/11/2010 BEFORE THE RENT CONTROL (MUNSIFF) COURT, KOZHIKODE IIA. EXHIBIT.P11:TRUE COPY OF THE COUNTER STATEMENT FILED IN I.A.4557/2010 IN R.C.P.44/2008 DATED 24/11/2010 BEFORE THE RENT CONTROL (MUNSIFF) COURT, KOZHIKODE IIA FILED BY RESPONDETNS 2 TO 4 THEREIN. EXHIBIT.P12: TRUE COPY OF THE ORDER DATED 6/7/2011 IN I.A.4558/2010 IN R.C.P.23/2008 ON THE FILE OF THE RECNT CONTROL (MUNSIFF) COURT , KOZHIKODE IIA. EXHIBIT.P13: TRUE COPY OF THE ORDER DATED 6/7/2011 IN I.A.4559/2010 IN R.C.P.24/2008 ON THE FILE OF THE RENT CONTROL (MUNISIFF) COURT, KOZHIKODE IIA. EXHIBIT.P14: TRUE COPY OF THE ORDER DATED 6/7/2011 IN I.A.4557/2010 IN R.C.P.44/2008 ON THE FILE OF THE RENT CONTROL (MUNISIFF) COURT, KOZHIKODE II A. RESPONDANTS'S EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- O.P.(RC) No.2782 of 2011 ------------------------------- Dated this the 27th day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Under challenge in this original petition filed by the landlord under Article 227 is Exts.P12, P13 and P14 Interlocutory applications passed by the Rent Control Court, Kozhikode, on identical applications filed in R.C.P.Nos.23 of 2008, 24 of 2008, 25 of 2008 and 44 of 2008, filed by the petitioner for evicting his tenants, occupying different buildings in the same compound. Exts.P12, P13 and P14 are applications for amendment of pleadings. The amendments sought were mainly two fold. Firstly, to have pleadings and prayer in respect of fixation of the fair rent of the building under Section 5. Secondly, additional pleadings in respect of claim on the ground under Section 11(3), which was a common ground in all the three rent control revisions. Under the impugned orders, learned Rent Control Court has 2 O.P.(RC) No.2782 of 2011 taken the view that the proposed amendment will change the character of the rent control petition, which is presently instituted as one for eviction only. A reading of the orders will show that the issue which received the attention of the Rent Control Court is the issue that, whether amendments incorporating the pleadings and prayers regarding the fixation of fair rent ought to be incorporated. Mr.Srinath Girish learned counsel for the petitioner submitted that there is no illegality about the Rent Control Court entertaining prayers for fixation of fair rent and eviction simultaneously. Mr.Srinath further submitted that at any rate it is obvious on a reading of the orders that the learned Rent Control Court did not address the question of amending the pleadings for incorporating additional pleadings regarding the claim under Section 11(3). Mr.Srinath therefore requested that, we interfere with Exts.P12, P13 and P14. 2. Mr.K.M.Firoz learned counsel for the respondents/ tenants submitted that the view taken by the Rent Control 3 O.P.(RC) No.2782 of 2011 Court, that the petition for eviction can not be clubbed with petition for fixation of fair rent, is a very reasonable one and hence this Court will not be justified in invoking the visitorial jurisdiction over Exts.P12, P13 and P14. Mr.Firoz would however fairly concede that, there will be justification for directing the Rent Control Court to reconsider the applications to the extent that the same relates to incorporation of further pleadings in the context of Sub Section 3 of Section 11. 3. Having anxiously considered the submissions addressed at the Bar and having gone through Exts.P12, P13 and P14, we are of the view that the decision of the Rent Control Court to decline the amendment sought for to incorporate pleadings and prayers in respect of fixation of fair rent under Section 5 so sought for, was not improper. At any rate the above decision does not call for any interference within the visitorial jurisdiction under Article 227. We confirm the above decision. But then as rightly pointed out by Mr.Srinath, there was a prayer for 4 O.P.(RC) No.2782 of 2011 incorporating additional pleadings under Sub Section 3 of Section 11 as well. It appears to us that, this aspect of the matter did not receive attention at the hands of the Rent Control Court. Hence, we set aside Exts.P12, P13 and P14 to the extent they declines the amendment sought for in respect of claim on ground under Sub Section 3 of Section 11. We remand Exts.P7 to P11 Interlocutory applications to the Rent Control Court, Kozhikode. That court is directed to hear both sides and take a decision on the issue as to whether the amendment sought for in the context of the ground under Sub Section 3 of Section 11 should be granted. Decision as directed above shall be taken at the earliest and at any rate within a period of 2 weeks from the date of receipt of a copy of this judgment. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/