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2005 Supreme(Ker) 57

K.S.RADHAKRISHNAN, A.K.BASHEER, M.N.KRISHNAN
Jamal – Appellant
Versus
Safia Beevi – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Can a landlord unite different causes of actions against different tenants in a single Rent Control Petition in the event of which such a petition will be bad for misjoinder of causes of actions or misjoinder of parties due to multifarious ness, is the question that has come up for consideration in these cases.

2. A Division Bench of this Court in C.R.P.Nos.714 of 1992 and 573 of 1993, to which one of us (K.S. Radhakrishnan, J.) was a party has taken the view that rent control legislation does not contemplate a single application against separate tenants holding separate lease arrangements. However it was opined that Rent Control Court can order consolidation of such applications for the purpose of collecting evidence if the Court deems it expedient to do so either because common questions are involved in all of them or on account of any other reason. Another Division Bench of this Court consisting of P.K. Balasubramanyan, J. (as he then was) has considered this question in Sulthan v. Mohanan (2000 (3) KLT 338) and have taken the view that there cannot be any objection to a single petition being maintained for eviction if the claim is for reconstruc




















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