K.T.Sankaran, J.
The application filed by the petitioners to remit the Commissioner's report in R.C.P.No.19 of 2012 was dismissed by the Rent Control Court, Hosdurg as per Ext.P5 order dated 24.10.2014, which is under challenge in this Original Petition (Rent Control).
2. The Rent Control Petition was filed by the respondent under Sections 11(2)(b), 11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). The petition schedule building was leased out to the petitioners/ tenants in the year 2010 by the landlord. The petition schedule building is in a portion of the property owned by the landlord. He proposes to construct a three storeyed building and to start a business therein after demolishing the 'A' schedule building.
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Construction activity is going on in the vacant portion of the land. At the instance of the landlord, a Commissioner was deputed who prepared a report and a sketch. All the necessary details have been noted in the sketch. According to the tenants, the Commissioner's report and sketch are not fully helpful for resolving the controversy involved in the Rent Control Petition. In the affidavit accompanying the application to remit the Commissioner's report, certain points have been noted by the petitioners as having been omitted to be noted by the Commissioner. The court below considered the application for remitting the Commissioner's report and found that there is no ground to remit the Commissioner's report. The Commissioner was examined before Court in the application to set aside the Commissioner's report.
3. On going through the Commissioner's sketch, the Rent Control Petition, the counter and the order passed by the court below, we do not find any ground to interfere with the order impugned.
4. The learned counsel for the petitioners submitted that the O.P.(R.C.) NO.162 OF 2014 (O) :: 3 ::
order rejecting the application to remit the Commissioner's report would be put against the petitioners/tenants at the final hearing and it may be difficult for them to establish that the Commissioner omitted to note relevant aspects. The Court can always look into the Commissioner's report at the time of final hearing and issue appropriate orders.
For the aforesaid reasons, the Original Petition (Rent Control) fails and it is accordingly dismissed.
(K.T.SANKARAN) Judge (A.K.JAYASANKARAN NAMBIAR) Judge ahz/