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Judgment
Soumen Sen, C. J.
Heard Mr. K. M. Firoz, learned counsel for the petitioner, and Mr. P. Jeril Babu, learned counsel for the respondent.
Learned counsel for the petitioner submits that, due to circumstances beyond the petitioner’s control, sufficient materials could not be placed before the Rent Control Court to establish that the petitioner was, in fact, unable to attend the court and give evidence.
We have been informed that the arguments before the Rent Control Court have been concluded and the judgment has been reserved.
The petitioner is the applicant who instituted the proceedings for eviction on the ground of bona fide requirement for his son. It is submitted that the son, for whose benefit the bona fide need is pleaded, could not be examined as he is physically disabled. However, the submissions made from the Bar are not supported by any corroborative documents.
Unless the judgment is pronounced in the meantime, it shall be open to the petitioner to file an appropriate application with proper particulars and convincing materials seeking permission to adduce further evidence, upon such terms and conditions as the Rent Control Court may deem fit and proper. We make it clear that it shall be entirely within the discretion of the Rent Control Court to consider such an application, and we express no opinion in this regard.
The petition is accordingly disposed of.
APPENDIX OF OP (RC) NO. 263 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RENT CONTROL PETITION NO. 60 OF 2021 ON THE FILES OF RENT CONTROL COURT/ADDITIONAL MUNSIFF COURT -II, KOZHIKODE DATED 07.12.2021
Exhibit P2 A TRUE COPY OF COUNTER STATEMENT DATED 07.12.2022 IN RCP NO. 60 OF 2021 ON THE FILES OF RENT CONTROL COURT/ADDITIONAL MUNSIFF COURT -II, KOZHIKODE
Exhibit P3 A TRUE COPY OF DEPOSITION OF SON OF THE PETITIONER IN RCP NO. 60 OF 2021 ON THE FILES OF RENT CONTROL COURT/ADDITIONAL MUNSIFF COURT-II, KOZHIKODE
Exhibit P4 A TRUE COPY OF DEPOSITION OF DW1-RESPONDENT IN RCP NO. 60 OF 2021 ON THE FILES OF RENT CONTROL COURT/ADDITIONAL MUNSIFF COURT -II, KOZHIKODE
Exhibit P5 A TRUE COPY OF IA NO.8 OF 2025 IN R.C.P. 60 OF 2021 DATED 25.07.2025 ON THE FILES OF RENT CONTROL COURT/ADDITIONAL MUNSIFF COURT -II, KOZHIKODE
Exhibit P6 A TRUE COPY OF MEDICAL DOCUMENTS PRODUCED ALONG WITH IA
Exhibit P7 A TRUE COPY OF COUNTER IN IA NO.8 OF 2025 IN R.C.P. NO 60 OF 2021 DATED 30.07.2025
Exhibit P8 A TRUE COPY OF THE ORDER DATED 11.08.2025 IN IA NO.8 OF 2025 PASSED BY THE RENT CONTROL COURT/ADDITIONAL MUNSIFF COURT-II, KOZHIKODE
Exhibit P9 A TRUE COPY OF THE RENT CONTROL APPEAL NO. 96 OF 2025 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY/ ADDITIONAL DISTRICT JUDGE-IV, KOZHIKODE DATED 22.09.2025
Exhibit P10 A TRUE COPY OF JUDGMENT IN RCA 96 OF 2025 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY/ ADDITIONAL DISTRICT JUDGE-IV, KOZHIKODE DATED 03.11.2025
Exhibit P11 TRUE COPY OF UNNUMBERED IA IN R.C.P. 60 OF 2021 DATED 05.12.2025