IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
P.B. ABDUL RAHIM – Appellant
Versus
JOHN VARGHESE – Respondent
JUDGMENT
Dated this the 24th day of February, 2026 Syam Kumar V.M., J.
This O.P. (R.C.) is filed by the petitioner–tenant, aggrieved by the order dated 05.02.2026 dismissing I.A. No. 1 of 2026 in R.C.P. No. 8 of 2024, whereby an application was filed seeking appointment of an expert to inspect the premises and evaluate the improvements alleged to have been effected by the tenant in the tenanted premises.
2. It is noted that, in an earlier round of litigation, the tenant had approached this Court, and this Court had appointed an Advocate Commissioner to visit the premises and submit a re- port regarding the factual aspects of the matter. It is submitted that subsequent thereto, based on the liberty granted by this Court, the petitioner approached the Rent Control Court by filing an application for appointment of an expert to inspect the premises.
3. By the impugned order, the said application has been dis-
missed by the Rent Control Court, inter alia, pointing out that the improvements made in the tenanted premises are matters of direct evidence and an expert is not competent to report regard- ing the value of the improvements for the simple reason that the expert is unaware of the ori
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