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Judgment
Soumen Sen, C.J.
Heard Mr.S.Sreekumar (Kollam), learned counsel for the Petitioner.
This Original Petition is arising out of an order passed in I.A.No. 04 of 2025 in RCP No.55 of 2024 in connection with the petition filed by the petitioner for appointment of an Advocate Commissioner.
The learned counsel for the petitioner submits that if a tenant in a proceeding for eviction has denied the title of the landlord, the Rent Control Court is required to decide the same issue in terms of proviso to Section 11 of the Kerala Building (Lease and Rent Control Act), (‘the Act’ for short).
In the instant case, the respondent contended that he has perfected a title over the property in question by adverse possession. The respondent seeks measurement of the entire 3 Ares of property belonging to the original petitioner and demarcation of one cent allegedly in possession of the respondent. The appointment of an Advocate Commissioner is not essential to decide the landlord-tenant relationship.
In our view, the learned Principal Rent Control Court has the right to reject the said application for the appointment of the Commissioner, as it is not necessary to decide the landlord-tenant relationship when the tenant denies the title of the landlord. The Rent Control Court has not finally decided the said issue and hence, the petitioner cannot have any grievance.
In view thereof, this petition fails and stands disposed of.