IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH JULY 2007 / 26TH ASHADHA 1929 WP(C).No. 21911 of 2007(H) -------------------------- AGAINST THE ORDER IN IA.1481/06 IN RCP.20/2006 of ADDL.M.C.,KOZHIKODE-II .................... PETITIONER: PETITIONER/RESPONDENT ---------------------------------- ABDUL JABBAR, S/O. MOIDEEN KOYA, AGED 54 YEARS, PANNIYANKARA AMSOM DESOM, 23/414, NEAR VATTAKINAR JUNCTION, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ RESPONDENTS: RESPONDENT/PETITIONER ----------------------------------- 1. SMT. SAGUNA, W/O. JAYAPALAN, RESIDING AT THACHAMBALATH HOUSE, NALLALAM AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT. 2. SHRI. SUJITH, S/O. JAYAPALAN, RESIDING AT THACHAMBALATH HOUSE, NALLALAM AMSOM DESOM, KOZHIKODE TALUK AND DISTRICT. 3. SHRI. SHYJITH, S/O. JAYAPALAN, RESIDING AT THACHAMBALATH HOUSE, NALLALAM AMSOM DESOM, KOZHIKODE TALUK AND DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY and T.R.RAMACHANDRAN NAIR, JJ. ---------------------------- W.P.(C) No. 21911 of 2007 H ---------------------------- Dated this the 17th day of July, 2007 Judgment Koshy, J. Petitioner filed a petition to set aside a commission report and remitting the same for further reports. The rent control court correctly found that if petitioner has got any other evidence to prove, he can adduce evidence. It is settled law that commission report is only a piece of evidence. If the petitioner has got a contention that the landlord has got other properties, it is for the petitioner to adduce evidence regarding the same and if the final order in the rent control petition is also against the petitioner, all the points can be taken up in appeal. We see no ground to interfere in the intermediary stage in a rent control petition. Appeal is dismissed without prejudice to the rights of the parties. J.B.KOSHY JUDGE T.R.RAMACHANDRAN NAIR JUDGE vaa M.F.A.No./2000 2 J.B. KOSHY AND T.R.RAMACHANDRAN NAIR, JJ. -------------------------- M.F.A.NO./2000 -------------------------- JUDGMENT Dated:17th July, 2007