JUDGMENT :

ANIL K. NARENDRAN, J.

1. The respondent filed Rent Control Petition No. 4 of 2017 before the Rent Control Court (Munsiff Court), Payyoli seeking eviction of the petitioner under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The petitioner filed Interlocutory Application No. 2 of 2021 in the R.C.P. for appointment of a commission. The respondent resisted it by filing a counter affidavit. The Rent Control Court dismissed the application as per Ext.P5 order dated 10.08.2021. The petitioner challenges legality of Ext.P5 order in this original petition filed under Article 227 of the Constitution of India.

2. Heard the learned counsel appearing for the petitioner and the respondent.

3. The learned counsel for the petitioner submitted that the respondent gave evidence as PW-1 in the R.C.P. and during cross examination he undertook to take out a commission, but later shied away and hence, the petitioner was compelled to file I.A. No. 2 of 2021. The learned counsel would contend that the claim for eviction under Section 11(3) of the Act was resisted by the petitioner on the ground inter-alia that the respondent has been in possession of severa