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2016 Supreme(Ker) 269

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.N. RAVINDRAN & K. RAMAKRISHNAN, JJ.
K.A. Prem & Ors. - Petitioners
Versus
K. Madhu - Respondent
O.P.(R.C.) No. 32 of 2016
Decided On : 29-02-2016

Advocates:
Advocate Appeared:
Sri. George Thomas (Mevada) (Sr.), Srin. Raynold Fernandez, Sri. Manu George Kuruvilla, Sri. Amal George
R1 Sri. Abdul Jabbar (B/O)

Headnote:

Tenancy and Land lord - Kerala Civil Rules of Practice 1971 - Rules 111 and 239 - Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 11(8) - Eviction of tenants - Certified copies - whether the copies produced by landlord (the originals of the said documents are in the custody of Income Tax Department/Commercial Taxes Department) are admissible in evidence is a matter which need not be gone into at the stage of issuing the certified copy - Held, Tenants are entitled for certified copies of all such documents produced by landlord along with the list of documents issued, on payment of the requisite charges along with the list of documents issued, on payment of requisite charges.

JUDGMENT :

P.N. Ravindran, J.

The petitioners are the tenants in R.C.P. No. 143 of 2014 on the file of the Rent Control Court, Ernakulam, a petition filed by the respondent/landlord for an order of eviction under section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as "the Act" for short. The tenants had, after they entered appearance and filed a counter statement, filed I.A. No. 10047 of 2015 (Ext.P1 in the instant original petition) praying for an order directing the landlord who was joined as the respondent in the said application to produce the following documents:

"1. Attested copies of the audited Balance Sheets of M/s KPK & Sons for the assessment years 1994-1995 to 2014-15.

2. Attested copies of the Income Tax Returns filed by M/s KPK & Sons before the Income Tax Department for the assessment years 1994-1995 to 2014-2015.

3. Attested copies of the Sales Tax Returns filed by M/s KPK & Sons before the Commercial Taxes Department for the years 1994-1995 to 2014-2015."

That application was heard and allowed by the rent control court by order passed on 18.11.2015. Pursuant thereto, the landlord produced along with Ext.P3 list of documents dated 25.11.2015, attested copies of the returns submitted by him under the Income Tax Act, 1961 and the Kerala Value Added Tax Act, 2003.

2. The tenants thereupon filed I.A. No. 11293 of 2015 in the rent control court praying for an order directing the Registry to deliver to them certified copies/photocopies of all the documents produced by the landlord along with the list of documents dated 25.11.2015. The landlord did not oppose the said application by filing a counter statement. The rent control court after considering the application passed Ext.P6 order dated 1.1.2016 whereby it permitted the petitioners or their counsel to inspect the documents produced by the landlord along with the memo dated 25.11.2015 in the presence of the Chief Ministerial Officer or any other staff on duty between 2 p.m. to 5 p.m. on 5.1.2016 and 6.1.2016. The Chief Ministerial Officer was directed to make all necessary arrangements to comply with the said direction. The rent control court thereupon recorded as follows in the B diary maintained in R.C.P. No. 143 of 2014:

"I.A. No. 11293/2015 disposed of permitting respondents/their counsel to inspect the documents produced by the petitioner in the presence of CMO/any plaintiff authorised by him between 2 pm to 5 pm on 05.1.2016 and 06.1.2016. For any further pre trial steps as last chance to 22.01.2016."

In this original petition filed under Article 227 of the Constitution of India, the tenants challenge Ext.P6 order and pray for an order directing the rent control court to issue certified copies of all the documents produced by the landlord along with Ext.P3 list of documents.

3. Relying on Rule 111 of the Civil Rules of Practice, Kerala it is contended that the petitioners have a right to inspect any document filed in court and obtain copies thereof, that there is no prohibition either in the Code of Civil Procedure or in the Civil Rules of Practice, Kerala prohibiting the grant of certified copies of any document produced in court and therefore, the rent control court erred in holding that the documents produced are only copies of originals which are with the departments concerned. The petitioners also dispute the correctness of the statement in the impugned order that learned counsel appearing for the petitioners had during the course of the hearing submitted that it will be sufficient if the parties or their counsel are permitted to inspect the documents so as to prepare for their defence.

4. Rule 111 of the Civil Rules of Practice, Kerala reads as follows:

"111. Inspection of document.- A party shall be at liberty to inspect, and obtain a copy of any document filed in Court."

Rule 111 stipulates that a party shall be at liberty to inspect, and obtain a copy of any document filed in court. Rule 239 of the Civil Rules of Practice,





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