High Court Kerala High Court

Chamakkalayil Jayaprakash vs P.Mohandas on 11 March, 2009

Kerala High Court
Chamakkalayil Jayaprakash vs P.Mohandas on 11 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6765 of 2009(M)


1. CHAMAKKALAYIL JAYAPRAKASH,
                      ...  Petitioner

                        Vs



1. P.MOHANDAS,
                       ...       Respondent

                For Petitioner  :SMT.PRABHA R.MENON

                For Respondent  :SRI.V.V.SURENDRAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :11/03/2009

 O R D E R
          PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                       ------------------------
                    W.P.(C)No. 6765 of 2009
                       ------------------------

             Dated this the 11th    day of March, 2009

                            JUDGMENT

C.K.Abdul Rehim, J.

The petitioner/landlord in RCP No.144/2007 on the files of

the Rent Control Court, Kozhikode, is the petitioner herein.

Challenge is against Exts.P5 and P6 interim orders passed by

the Rent Control Court. It is submitted by the counsel for

petitioner that Rent Control Petition stands posted for evidence

of the respondent/tenant after closing evidence on behalf of the

petitioner. At this stage, Exts.P1 to P3 applications were filed.

Ext.P1 is interim application to receive additional document,

which was allowed as per Ext.P4 order. Ext.P2 is filed for

receipt of additional witness list and Ext.P3 is filed for re-opening

the evidence. Exts.P2 and P3 applications were dismissed by the

Rent Control Court through Exts.P5 and P6 orders finding that

there is no sufficient grounds to entertain those applications and

to reopen the evidence.

2. Heard Mrs. Prabha R.Menon learned counsel appearing

for the petitioner and Mr.P.A.Harish learned counsel appearing for

the respondents. The additional documents sought to be proved

WPC.No.6765/2009 2

in evidence is a paper advertisement published by the

Kozhikode Corporation, which is an auction notice offering vacant

rooms in a complex to be occupied on licence basis. According

to the petitioner, the said document, if marked in evidence, will

prove availability of suitable buildings for shifting business of the

tenant. It is evident from Ext.P4 order that the Rent control

Court has received the said document on files. The question to

be considered is whether the Rent Control Court is justified in

denying opportunity to the petitioner to mark the said document

in evidence. We do not find any cogent reason for denying

opportunity to the petitioner in marking the said document . On

the other hand, denial amounts to shutting down opportunity to

the petitioner for adducing available evidence, which he

considers as crucial in deciding the issue involved. In our opinion

such a denial of fair opportunity to adduce evidence will only

lead to multiplicity of litigations, because that may result in

remand of the case by the appellate authority or the revisional

authority, for adducing further evidence.

3. The learned counsel for respondent had contended that

the additional document sought to be marked in evidence is not

WPC.No.6765/2009 3

admissible in evidence and that it could not be proved through

the witness through whom it is sought to be marked. In this

writ petition we are not proposing to issue any direction

regarding admission of the document in evidence. The

admissibility of the document in evidence always need be decided

on the basis of provisions relating to law of procedure and

evidence. The respondent is free to raise his objections in this

regard.

4. Under the above circumstances, Exts.P5 and P6 orders

are set aside. I.A. Nos. 961/2009, 960/2009 in RCP

No.144/2007 stand allowed. The Rent Control Court will permit

the petitioner to adduce further evidence based on the additional

document produced. Needless to say that the respondent will be

given opportunity to rebut the evidence so adduced.

The writ petition is disposed of as above.

PIUS.C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM, JUDGE
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