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 13TH JULY 2011 / 22ND ASHADHA 1933 RCRev..No. 242 of 2011 (A) ------------------------------- AGAINST THE ORDER DATED 04/06/2011 IN I.A.14/2011 IN RCA.8/2009 of ADDL. DISTRICT COURT & RCAA, N.PARAVUR RCP.11/2007 of RENT CONTROLLER,ALUVA .................... REVISION PETITIONERS/PETITIONERS/LEGAL REPRESENTATIVES OF DECEASED APPELLANT/LEGAL REPRESENTATIVES OF DECEASED RESPONDENT ---------------------------------------------------------------------------- 1. V.A.SAINABA, W/O.LATE ABDUL JABBAR, SPANISH TRAVELS, AMC NO.VII/776, OPP.RAILWAY STATION, ALUVA-683 101. 2. A.J.RIYAS, S/O.LATE ABDUL JABBAR, SPANISH TRAVELS, AMC NO.VII/776, OPP.RAILWAY STATION, ALUVA-683 101. 3. AJ.RIJAS, S/O.LATE ABDUL JABBAR, SPANISH TRAVELS, AMC NO.VII/776, OPP.RAILWAY STATION, ALUVA-683 101. BY ADV. SRI.DINESH R.SHENOY SRI.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENT(S): (RESPONDENT/RESPONDENT/PETITIONER) -------------------------------------------------------------------- SOORAJ, S/O.KOLLARA RAMAKRISHNAN, RESIDING AT ANITHA BHAVAN, KARIKAMURI CROSS ROAD, KARITHALA DESOM, ERNAKULAM, PIN-682 011. ADV. SRI.S.SREEKUMAR FOR CAVEATOR THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 13/07/2011,ALONG WITH RCR NO.252 OF 2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ R. C. R. Nos.242 & 252 of 2011 ------------------------------------------------ Dated this the 13th day of July, 2011 ORDER Pius C. Kuriakose, J Very extensive submissions were addressed before us by Sri.Dinesh R. Shenoy, the learned counsel for the petitioners and Sri.S.Sreekumar, the learned counsel for the respondent. Having considered the submissions addressed and having made a reappraisal of the materials on record, we feel that the learned Appellate Authority can be directed to consider the probative value of the Commissioner's Report in O.S.36/09 of the Sub Court, Paravur as well as copy of the plaint in the above suit. In fact, Sri.S.Sreekumar very vehemently argued before us that the above two documents will not have any relevance in the present case where it is admitted by the tenant not only in pleadings but R. C. R. Nos.242 & 252 of 2011 -2- also in evidence that Alankar Restaurant is being conducted by the landlord at least during the morning session. Not that we do not find any force in the submissions of Sri.Sreekumar, but we feel that having regard to the sub Rule 8 of Rule 11 which apparently obliges not only the Rent Control Court but also the Appellate Authority to “record a brief note of the evidence adduced by the parties and the witnesses who attend” and also to consider “any documentary evidence produced by the parties” and to give a decision on appreciating such evidence and applying the principles of justice, equity and good conscience, the Rent Control Appellate Authority can be directed to consider these two documents (the Commissioner's Report and the plaint copy in O.S.36/09 which were sought to be introduced in evidence by the revision petitioner/tenant in the court below itself). Hence, we set aside the order impugned in RCR.242/11 (the order dated 04/06/11 in I.A.14/11 in R. C. R. Nos.242 & 252 of 2011 -3- RCA.8/09) as well as the judgment dated 24/03/10 in RCA.8/09 impugned in RCR.252/11 and remand RCA.8/09 to the Additional District Judge and Rent Control Appellate Authority, North Paravur. The learned Appellate Authority will permit the appellant/tenant to prove the above two documents (commissioner's report as well the plaint copy in O.S.36/09 of Sub Court, Paravur) formally as evidence in the Rent Control Proceedings. As the CR is an ex parte one, the tenant should be permitted to have the same marked and proved in evidence by citing and examining the author. If the landlord wants to adduce any counter evidence against additional evidence introduced pursuant to this judgment opportunity will be given to the landlord also. The enquiry before the Rent Control Appellate Authority will be confined to the issue whether the need for additional accommodation projected by the landlord can be true in the context of conduct or otherwise of Alankar Restaurant by the landlord. R. C. R. Nos.242 & 252 of 2011 -4- If either party wants to adduce documentary evidence to substantiate the rival positions on this aspect (conduct or otherwise of Alankar Restaurant by the landlord) the Appellate Authority shall permit both sides to adduce such documentary evidence. The enquiry as directed above shall be completed by the learned Appellate Authority early and at any rate within one month of the parties entering appearance pursuant to this order of remand. 2. This order remanding the matter to the Rent Control Appellate Authority will become operative only if the revision petitioner/tenant files an affidavit before the Rent Control Appellate Authority within two days of his entering appearance before that authority pursuant to this order of remand undertaking to pay rent to the landlord with effect from 01/08/11 at ` 2,000/- per mensem. 3. The parties will enter appearance before the Appellate Authority on 27/07/11. We clarify that the only oral R. C. R. Nos.242 & 252 of 2011 -5- evidence which the tenant has been permitted by this judgment to adduce before the Appellate Authority is the oral evidence of the author of the Commissioner's Report in O.S. No.36/09. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-