IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 CRP.No. 3451 of 2001() ---------------------- RCA.18/1998 of RENT CONTROL APPELLATE AUTHORITY , PARAVUR RCP.24/1996 of RENT CONTROL COURT,N. PARAVUR .................... REVN. PETITIONER(S)/RESPONDENTS/PETITIONERS: --------------------- 1. K.R.VINOD, S/O.RAVEENDRAN NAIR, KURIACHIRA KARA, OLLOOR VILLAGE, NOW RESIDING IN PLOT NO.3, KURUPPAMPARAMBATH, NEHRU NAGAR, THRISSUR. 2. K.R.SANTHOSH, S/O.RAVEENDRAN NAIR, KURIACHIRA KARA, OLLOOR VILLAGE, NOW RESIDING IN PLOT NO.3, KURUPPAMPARAMBATH, NEHRU NAGAR, THRISSUR. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S)/APPELLANTS/ RESPONDENTS: --------------- 1. KERALA STATE WARE HOUSING CORPORATION, REPRESENTED BY MANAGING DIRECTOR, HEAD OFFICE, ERNAKULAM P.O. B-1727, KOCHI-16. 2. ASSISTANT MANAGER, KERALA STATE WARE HOUSING CORPORATION, ALUVA REGION, U.C.COLLEGE, ALUVA P.O. 3. M/S. KOTHARI INDUSTRIAL CORPORATION LTD, U.C.COLLEGE, ALUVA. 4. M/S.ASSOCIATED FIBER & RUBBER INDUSTRIES U.C.COLLEGE, ALUVA. ADV. SRI.N.D.PREMACHANDRAN FOR R1 SRI.MAJNU KOMATH FOR R1 SRI.SHAHIN.M.KOMATH FOR R1 SRI.SANTHOSH MATHEW FOR R4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/12/2009, ALONG WITH CRP NO. 241 OF 2002 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ C.R.P.Nos. 3451/2001 & 241 OF 202 ------------------------ Dated this the 10th day of December, 2009 O R D E R Pius C.Kuriakose, J. These civil revision petitions are instituted by the landlords being aggrieved by the judgment of the Rent Control Appellate Authority declining order of eviction. The petitioners sought to evict the respondent- Kerala State Ware Housing Corporation on the ground of arrears of rent under Section 11(2)(b), bona fide need for own occupation under Section 11(3) and sub letting under Section 11(4) (i). The Rent Control Court ordered eviction only on the ground of sub letting. The Appellate Authority by the common judgment in the two Rent Control Appeals vacated the order of eviction passed under Section 11(4) (i) of the Act. 2. This court has not been able to dispose of these Civil Revision Petitions since it was reported that the oral evidence of the parties viz. PW1 witness of the landlords and RW1 the witness examined on behalf of the tenant are missing. All these years this court and the courts below made every CRP.No.3451/2002 & another 2 endeavour to trace out the testimonies of PW1 and RW1. The attempts have failed. Unfortunately neither the counsel are having even unattested copies of deposition of PW1 and RW1 so that reconstruction of the testimonies is also not possible. 3. We are of the view that no useful purpose will be served by adjourning the Civil Revision Petitions further since there is no reason to believe that the depositions of PW1 ad RW1 have been irretrievably lost. The only option presently available is to set aside the orders passed by the Rent Control Court and the Appellate Authority and remand RCP No.24/1996 to the Rent Control Court, North Paravur to adduce fresh oral evidence in support of their rival contentions. The documentary evidence including Ext.C1 report already on record will continue to be evidence in the RCP. The case is being remanded only for adduction of oral evidence by the parties. Being an RCP of the year 1996, the learned Rent Control Court is directed to give top priority and ensure that oral evidence is completed and fresh decision is taken on the basis of the oral evidence to be adduced and the documentary evidence already available at the earliest and at any rate within two months of the parties entering CRP.No.3451/2002 & another 3 appearance before the Rent Control Court pursuant to this order. The parties are directed to enter appearance before the Rent Control Court, North Paravur on 16/1/2010. Transmit the entire records back to the Rent Control Court forthwith. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk CRP.No.3451/2002 & another 4 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ C.R.P.Nos. 3451/2001 & 241 OF 202 ------------------------ O R D E R 10th December, 2009