Ownership of property must be established through primary evidence, reinforcing the importance of the best evidence rule in legal proceedings.

J U D G M E N T

Ajithkumar, J The petitioners are the respondents-tenants in the R.C.P.

No.89 of 2018 on the file of the Rent Control Court(Munsiff), Ernakulam. They filed interlocutory application No.8348 of 2019 in the RCP for appointment of a commission. That application was allowed as per Ext.P4 order dated 07.01.2020 in part. Since a few queries were disallowed, the petitioners filed Review Petition No.3 of 2020. The Rent control Court dismissed the review petition. This original petition, under Article 227 of the Constitution of India is filed challenging legality of Ext.P7, the order in the Review Petition.

2. The Rent Control Petition was filed by the respondents seeking eviction under Sections 11 (2)(b), 11(4)(iii) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . The petitioners filed objections resisting the claim for eviction. They took up a contention with reference to the requirement of additional accommodation urged by the respondents, that the appellants are owners of two other shopping complexes in the locality and that the petition schedule room does not suit to the requirements of the respondents. The petitioners filed Ext.P3 commission application saying that a report regarding the matters mentioned therein are required to prove their defence pertaining to the plea for eviction under Section 11 (8) of the Act.

3. The Rent Control Court, as per Ext.P4 order, allowed the application for appointment of commission. The Court however, found that query nos.(i),(ii),(iv),(vi),(viii) and (xiii) in Ext.A3 application could not be allowed. The petitioners took exception to that order and filed Ext.P5 Review Petition. They contended that answers to the said queries were also absolutely essential to prove their case and the Rent Control Court disallowed the said request without adverting to the real question in controversy in the case. Ext.P7 is the order on the Review Petition. Rent Control Court, relying on the decision inThomas B.Y@Sajimon v. Joseph B.Y [ 2020 (4) KLT 640 ], dismissed the Review Petition.

4. Heard Adv.Sri.K.G.Cleetus, the learned counsel appearing for the petitioners and Adv.Sri.Joby Jacob Pulikkakudy, learned counsel appearing for the respondents.

5. The learned counsel appearing for the petitioners although contended that Ext.P4 order is wrong, he now insists to allow query nos.(i) and (vi) alone. In his view, those matters are absolutely necessary to prove his defense. Following are query nos.(i) and (vi):

“(i) To ascertain and report the name of the persons occupied in Buildings XXXIII/593 housed in 'Kadavil Mansion”, Toll Junction, Edappally and the nature of business running therein.

(vi) To ascertain and report the shop rooms used for the business in the name and style M/s.Dream Recording Studio, housed in the 2nd floor of Kadavil Mansion is belonged to petitioners and to report whether it is run by the petitioners themselves or not.”

6. The learned counsel appearing for the respondents contended that irrelevant facts were sought to be ascertained and the learned Rent Control Court rightly had disallowed the same. He would submit that the petitioners with the sole object of delaying disposal of the petition for eviction approached this Court. It may be noted that the respondents did not chose to object appointment of a Commission, before the Rent Control Court. Therefore the question needs to be considered is as to whether querry nos.(i) and (vi) posed in Ext.P3 application can be allowed or not.

7. Question no.(i) has two parts; to ascertain the name of the person occupying Building No. XXXIII/593, presumably of Kochi Corporation and, the nature of business being run in that building. The first part of the question is to ascertain who is in possession and occupation of the said building. What required to be ascertained in question No.(vi) is as to whether the business concern M/s.Dream Recording Studio housed in the 2nd floor of 'Kadavil Mansion' is owned and run by the responden