G. Lokanathan v. Bappuji Memmorial Trust

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 OP (RC).No. 124 of 2015 (O) IA NOS.1483/2013 AND 1484/2013 IN RCP NO.37/2013 OF THE RENT CONTROL COURT, PAYYANNUR PETITIONER(S):

-------------------------- G. LOKANATHAN AGED 55 YEARS, S/O. G. GANESAN KAMMATH, RESIDING AT MAVICHERY, PAYYANNUR AMSOM DESOM, TALIPARAMBA TALUK.

BY ADV. SRI.M.V.AMARESAN RESPONDENT(S):

---------------------------- BAPPUJI MEMMORIAL TRUST REPRESENTED BY ITS PRESIDENT, PAYYANNUR AMSOM DESOM, KOKKANISSERY P.O., PAYYANNUR, KANNUR, PIN-670307.

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01-102015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

EXT.P1-TRUE COPY OF ORDER IN IA NO.1483/2013 IN RCP NO.37/2013 ON THE FILE OF RENT CONTROL COURT (MUNSIFF), PAYYANNUR DATED 3.9.2015. EXT.P1(A)-TRUE COPY OF ORDER IN IA NO.1484/2013 IN RCP NO.37/2013 ON THE FILE OF RENT CONTROL COURT (MUNSIFF), PAYYANNUR DATED 3.9.2015. EXT.P2-TRUE COPY OF RCP NO.37/2013 FILED BEFORE THE RENT CONTROL COURT (MUNSIFF), PAYYANNUR.

EXT.P3-TRUE COPY OF COUNTER FILED BY THE PETITIONER DATED 28.1.2014 IN RCP NO.37/2013 BEFORE THE RENT CONTROL COURT (MUNSIFF), PAYYANNUR. EXT.P4-TRUE COPY OF RELEVANT PAGE OF THE THE CROSS EXAMINATION OF PW1. EXT.P5-TRUE COPY OF AFFIDAVIT IN IA NO.1483 OF 2015 IN RCP NO.37/2013 DATED 19.8.2015 FILED BY THE PETITIONER BEFORE RENT CONTROL (MUNSIFF), PAYYANNUR.

EXT.P6-TRUE COPY OF AFFIDAVIT IN IA NO.1484 OF 2015 IN RCP NO.37/2013 DATED 19.8.2015 FILED BY THE PETITIONER BEFORE RENT CONTROL (MUNSIFF), PAYYANNUR.

EXT.P6(A)-TRUE COPY OF COUNTER TO EXTP6 DATED 21.8.2015 IN IA 1484/13 FILED BY THE LANDLORD.

// TRUE COPY // P.S. TO JUDGE

P.N. Ravindran & Babu Mathew P. Joseph, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(RC) No.124 of 2015 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st October, 2015

JUDGMENT

P.N. Ravindran, J.

The prayer in this original petition is to set aside the orders passed on I.A.Nos.1483 of 2013 and 1484 of 2013 filed by the tenant in R.C.P.No.37 of 2013 on the file of the Rent Control Court, Payyannur (Exts.P1 and P1 (a)). The prayer in I.A.No.1483 of 2013 is to receive the witness list and the prayer in I.A.No.1484 of 2013 is to reopen the evidence of the petitioner/tenant and to permit him to examine an expert to speak about the minimum area required for accommodating one hundred people in a seminar hall.

After arguments were heard for some time, learned counsel for the petitioner sought permission to withdraw the original petition. The original petition is accordingly dismissed as withdrawn. (P.N. Ravindran, Judge.) (Babu Mathew P. Joseph, Judge.) kav/