IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 RCRev..No. 194 of 2007() ------------------------ RCA.43/2006 of ADDL.DISTRICT COURT, KOZHIKODE RCP.187/2004 of PRL.M.C.KOZHIKODE-I (IA 176/06) .................... PETITIONER/2ND DEFENDANT/2ND RESPONDENT ----------------------------------------------------------- JOSE THOMAS, S/O AUGUSTINE THOMAS, JOJO ASSOCIATES, TAX AND INDUSTRIAL CONSULTANT, GANDHI ROAD, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): APPELLANT/1ST DEFENDANT/1ST RESPONDENT ----------------------------------------------------- 1. P.K.HASHIM, S/O P.K.MOIDU HAJI, 19/1712, P.V.SAMI ROAD, CHALAPPURAM, KOZHIKODE-2. 2. D.DINESH, 3/1277, 'WHEELS', GANDHI ROAD, KOZHIKODE. ADV. SRI.S.ANANTHAKRISHNAN FOR R1 SRI.N.K.SUBRAMANIAN FOR R1 SRI.SHYAM PADMAN THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... R.C.R. No.194 of 2007 .................................................................... Dated this the 1st day of January, 2009. ORDER Ramachandran Nair, J. Question raised is whether a single eviction petition is maintainable against two tenants. The RCP was filed in 2004 and when preliminary objection was raised, Rent Control Court dismissed the RCP. Against this, the building owner filed appeal before the District Court and District Court ordered deletion of one of the tenants so that the petition against the other tenant can continue. Two revision petitions are filed before this court by both the tenants and one was disposed of by this court in R.C.R. No.178/2007 by judgment dated 9.12.2008 upholding the order of the District Judge. The resultant position is that Rent Control Petition against first tenant can be continued which obviously means that land owner is free to file another RCP against the other tenant. Since the objection raised by the petitioner herein is no more tenable as the Rent Control Petition pursued is only against him, the objection has to be decided on merits 2 by the Rent Control Court. We see no ground to interfere with the proceeding against the petitioner before the Rent Control Court. We make it clear that if building owner chooses to file eviction case against the other tenant, the Rent Control Court should list both cases together and dispose the same without any delay because the original application was filed, though with defect, four years back. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms