N.K. Abdul Hassan vs Pearl Prakash

Pius C. Kuriakose, J.—This Original Petition under Article 227 is filed by the petitioner/tenant who is facing proceedings for eviction seeking the following reliefs:

1) To set aside Ext.P5 order.

2) To direct the Rent Control Court to depute an Advocate ommissioner to conduct the work mentioned in Ext.P4.

By Ext.P5 order, the Rent Control Court has dismissed I.A.917/12 which was an application for issuance of a fresh commission to submit a report regarding the various aspects mentioned in Ext.P4 on the basis of an inspection. The Rent Control Court passed Ext.P5 order mainly on the reason that a Commissioner appointed at the O. P. (RC) No.682 of 2012 -2-instance of the landlord has already filed a report touching the various aspects mentioned in Ext.P4.

Sri. O. Ramachandran Nambiar, the learned counsel for the petitioner submitted that there is justification for issuing fresh commission at the tenant''s instance at least regarding aspects which are not covered by the Commission Report already submitted. According to Sri.Nambiar point Nos.3 and 4 in Ext.P4 are matters not covered by the Commission Report already available.

Sri. K.K. Unni, the learned counsel for the respondent who took notice as directed by us submitted that the Commissioner already appointed at the instance of the landlord filed his report two years ago and the petitioner/tenant did not file any objection to the same. The RCP now stands special listed for trial on 08/03/12. The intention of the petitioner in filing the OP now is only to protract the proceedings and thereby postpone the inevitable order of eviction. He submitted that at any rate the only aspect which can be said to be not covered by the Commission Report already available is point No.3 in Ext.P4.In response Sri.Ramachandran Nambiar submitted that pointNo.4 also is not covered by the report presently available.

Having considered the rival submissions addressed at the Bar, we are of the view that in order to enable the learned Rent Control Court to decide the issues which arise in the Rent Control Petition correctly, issuance of a commission regarding Point No.3 in Ext.P4 and certain aspects mentioned in Point No.4 will be necessary. Hence, notwithstanding Ext.P5 we are inclined to dispose of this O.P. granting relief to the petitioner to a certain extent. The learned Rent Control Court is directed to appoint the Advocate who has already submitted Commission Report in the case as Commissioner to conduct an immediate inspection and report on the following aspects:

1) Ascertain whether vacant rooms adjacent to the petition schedule buildings (the four shop rooms stated to be in the possession of the landlord) are suitable for starting the business proposed by the landlord.

2) What is the distance between Kattikkaran Building referred to in the report submitted by the Commissioner and the petition schedule building.

As the RCP is special listed for trial the learned Rent Control Court will issue orders so as to ensure that the Commissioner conducts inspection immediately and makes his report based on inspection available within ten days of receiving copy of this order. At any rate the learned Rent Control Court should ensure that the RCP is disposed of on merits before the court closes for mid-summer recess.