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2004 Supreme(Ker) 232

K.S.RADHAKRISHNAN, J.M.JAMES
M. Sasidharan – Appellant
Versus
Saroja – Respondent


Judgment :-

Radhakrishnan, J.

The legality of the clubbing of all the rent control appeals by the Rent Control Appellate Authority in a case where joint trial was refused by the Rent Control Court is the moot question that has come up for consideration in this case.

2. Landlord preferred three rent control petitions namely, R.C.P.Nos.61, 62 and 63 of 1992 in respect of different tenants. Landlord filed the application for joint trial before the Rent Control Court and the same was refused and all the three rent control petitions were tried independently and evidence adduced separately. Rent Control Court dismissed all the petitions filed by the landlord under Section 11 (3) of Act 2 of 1965. Landlord preferred three appeals before the Appellate Authority. Expressing grave concern over the Rent Control Court in not conducting a joint trial Appellate Authority clubbed all the appeals together and disposed of all the appeals by a common Judgment. Appellate Authority has minuted that all the counsel had agreed for clubbing of all the appeals.

3. Sri. P.B. Krishnan, counsel for the petitioners submitted that Appellate Authority has committed an error in drawing inference from the evidence a




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