Kerala High Court
P.B. Abdul Rahim vs John Varghese on 11 December, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
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OP(RC) No.242 of 2025 2025:KER:95702
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947
OP (RC) NO.242 OF 2025
AGAINST THE ORDER DATED 22.10.2025 IN RCP NO.8 OF 2024 OF
MUNSIFF'S COURT, THIRUVALLA
PETITIONER(S)/PETITIONER IN I.A.NO.4 OF 2025/RESPONDENT IN RCP
NO.8 OF 2024:
P.B. ABDUL RAHIM,
AGED 61 YEARS, S/O. BAVAKKANNU,
CHAZHIKA HOUSE, CHANGANASHERRY VILLAGE,
CHANGANASHERRY P.O. KOTTAYAM DISTRICT, PIN - 686101.
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SHRI.AKASH JOSHI
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.ALVIN JOSEPH
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OP(RC) No.242 of 2025 2025:KER:95702
RESPONDENT(S)/COUNTER PETITIONER IN I.A.NO.4 OF 2025/ORIGINAL
PETITIONER IN RCP NO.8 OF 2024:
JOHN VARGHESE,
AGED 67 YEARS, S/O JOHN,
KUZHITHOTTATHIL HOUSE, CHALAKKUZHY,
KATTOOKARA MURI, THIRUVALLA, NOW RESIDING
AT FLAT 15F SKYLINE AUGUSTA APARTMENT THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101.
BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR
SHRI. AKASH S.
SHRI. GIRISH KUMAR M S
SMT.RICHU THERESA ROBERT
SMT.RAJALAKSHMI.R.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(RC) No.242 of 2025 2025:KER:95702
JUDGMENT
A. Muhamed Mustaque, J.
The tenant has filed an application for the appointment of an Advocate Commissioner to report about the improvements allegedly claimed to have been made by him. The Rent Controller dismissed the application, noting that there is no scope for appointing an Advocate Commissioner to report the improvements. The learned counsel for the landlord opposed the prayers. We concur with the findings of the Rent Controller. However, for the purpose of preserving a tenant's right to claim value of improvement in any future litigation, we are of the opinion that, an opportunity shall be given to the tenant to collect the evidence through the Advocate Commissioner, which may not cause any prejudice to the landlord. We make it clear that the tenant is entitled to file a separate suit or avail any other remedy available to him, in accordance with law.
In such circumstances, we are inclined to allow this 4 OP(RC) No.242 of 2025 2025:KER:95702 original petition, and the same would stand allowed, directing the rent controller to depute an Advocate Commissioner. We further direct that the Commissioner shall report the matter within two weeks from the date of appointment and shall not delay the proceedings.
Sd/- Sd/-
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SdSd/-
HARISANKAR V. MENON
JUDGE
Skk//11.12.2025
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OP(RC) No.242 of 2025 2025:KER:95702
APPENDIX OF OP (RC) NO.242 OF 2025 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PETITION IN RCP NO.8/2024 ON THE FILES OF THE RENT CONTROL COURT, THIRUVALLA FILED BY THE RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE WRITTEN OBJECTION IN RCP NO. 8/2024 FILED BY THE PETITIONER IN THE FILES OF THE RENT CONTROL COURT, THIRUVALLA.
EXHIBIT P3 THE TRUE COPY OF THE I.A.NO.4/2025 COMMISSION APPLICATION IN RCP NO.8/2024 FILED BY THE PETITIONER ON THE FILES OF THE RENT CONTROL COURT, THIRUVALLA.
EXHIBIT P4 THE CERTIFIED COPY OF THE ORDER DATED 22/10/2025 IN I.A. NO.4/2025 IN RCP NO. 8/2024 OF THE RENT CONTROL COURT, THIRUVALLA.