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2025 DIGILAW 526 (KER)

Biju @ Arul Raj S/o. Venugopal v. Valsa Eapan W/o. Late K. s. thomas,

2025-03-10

A.MUHAMED MUSTAQUE, P.KRISHNA KUMAR

body2025
JUDGMENT : A. Muhamed Mustaque, J. These original petitions are filed by the tenants aggrieved by the order on maintainability. The Rent Control Court ruled in favour of the landlord, holding that the petition is maintainable. 2. It is to be noted that there are rival claims. Another set of persons claimed that they are landlords. The Rent Control Court already ordered a joint trial. There was a challenge against that order before this Court. This Court affirmed the order of the Rent Control Court. 3. In view of the above fact, the Rent Control Court ought to have deferred the consideration of the question on maintainability after trial. The Rent Control Court ought not have decided the maintainability without facilitating a joint trial of all sets of rival claims. Accordingly, the impugned order is set aside. We direct the Rent Control Court to decide the question regarding maintainability after the trial, and the Rent Control Court shall conclude the entire proceedings before the summer vacation. These original petitions are disposed of as above.