P.T.RAMAN NAYAR
KAJARIA CO. (P) LTD. – Appellant
Versus
VIMALA BAI – Respondent
1. The joint trial of this suit for eviction before the Munsiff's Court with the two applications under S.5 and 11 respectively of Kerala Act 16 of 1959 before the Rent Control Court, both courts presided over by the same person the applications were actually made under the provisions of the Travancore-Cochin (Lease and Rent Control) Order, 1950 which was repealed by Act 16 of 1959 but by reason of S.33 of the Act must be deemed to have been made under the corresponding provisions of the Act was with the consent of the appellant defendant and he cannot be heard to complain against it. I do not think that any question of jurisdiction is involved. When the same person combines in himself two offices, the simultaneous exercise of both jurisdictions is permissible unless it is prohibited, and such an exercise cannot mean that he has validly exercised neither. The suit was tried by the Munsiff in his capacity as such, and the mere fact that along with the suit he tried the two applications in his capacity as the Rent Control Court does not deprive him of his capacity or his jurisdiction as a Munsiff. So long as the law, both substantive and procedural, governing the differen
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