Anil K. Narendran, J.

The petitioner-landlord filed R.C.P.No.178 of 2014 on the file of the Rent Control Court (III Addl. Munsiff), Ernakulam, against the respondent-tenant, under Section 5 of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking fixation of fair rent, in respect of the petition schedule building. The petitioner-landlord has filed this original petition under Article 227 of the Constitution of India, seeking an order to set aside the order dated 12.01.2021 of the Rent Control Court in I.A.No.2 of 2021 in R.C.P.No.178 of 2014, whereby that application filed under sub-section (2) of Section 37 of the Kerala Stamp Act, 1959, to forward the document sought to be marked as Ext.A7, produced before the Rent Control Court on 27.09.2019, along with the additional proof affidavit of the landlord, to the District Collector, Ernakulam, under sub- section (2) of Section 37 of the said Act, for appropriate proceedings under Section 39 and issuance of certificate under sub-section (2) of Section 39, stands rejected for the reasons stated therein.

2. On 18.01.2021, Registry was directed to number the case and the petitioner was directed to produce certified copy of the Ext.P5 order, within ten days.

3. On 19.01.2021, when this original petition came up for admission, this Court admitted the matter on file and issued notice to the respondent by speed post. This Court granted an interim order staying all further proceedings in R.C.P.No.178 of 2014 on the file of the Rent Control Court, Ernakulam, for a period of one month. The said interim order, which was extended from time to time, is till in force.

4. Heard the learned counsel for the petitioner-

landlord and also the learned counsel for the respondent-

tenant.

5. The issue that arises for consideration in this original petition is as to whether any interference is warranted on the order dated 12.01.2021 of the Rent Control Court in I.A.No.2 of 2021 in R.C.P.No.178 of 2014, whereby that application filed by the petitioner under sub-section (2) of Section 37 of the Kerala Stamp Act, stands rejected for the reason stated therein.

6. In R.C.P.No.178 of 2014 filed by the landlord, under Section 5(1) of the Act, the Rent Control Court, by the order dated 22.03.2017, fixed fair rent of the petition schedule building at the rate of Rs.40/- per sq. ft. for an extent of 160 sq. ft., as against Rs.100/- per sq. ft. for an extent of 250 sq. ft. claimed by the landlord. Feeling aggrieved, the landlord filed R.C.A.No.36 of 2017 before the Rent Control Appellate Authority (I Addl. District Judge), Ernakulam. The Appellate Authority, by the judgment dated 31.08.2018, affirmed the rate of rent fixed by the Rent Control Court at Rs.40/- per sq. ft., however, found the area of the petition schedule building as 250 sq. ft. and the tenant was held liable to pay fair rent for that extent. Feeling aggrieved, the tenant filed R.C.Rev.No.45 of 2019 and the landlord filed R.C.Rev.No.62 of 2019 before this Court. By Ext.P2 order dated 18.02.2019, this Court set aside the impugned judgment and remitted R.C.P.No.178 of 2014 to the Rent Control Court for fresh disposal, after giving opportunity to both parties to adduce further evidence, in terms of the direction contained in paragraph 6 of that judgment.

7. After Ext.P2 order of this Court dated 18.02.2019 in R.C.Rev.Nos.45 of 2019 and 62 of 2019, the landlord produced three documents along with the additional proof affidavit filed on 27.09.2019 and requested to mark those documents as Exts.A5 to A7. The tenant opposed the marking of those documents, contending that those documents are insufficiently stamped, which are liable to be impounded under Section 33 of the Kerala Stamp Act. The Rent Control Court, by the order dated 10.10.2019 in R.C.P.No.178 of 2014, impounded only the document sought to be marked as Ext.A5. Feeling aggrieved, the tenant filed R.C.A.No.66 of 2019 before the Rent Control Appellate Authority. The Appellate Authority,