K A ABDUL RASHEED Vs. PHILIP ABRAHAM

JUDGEMENT

(1.) UNDER challenge in this revision filed under Section 20 is the order of the rent control appellate authority, Kottayam passing a summary order of eviction against the revision petitioner under Section 12(3) of Act 2 of 1965. The rent control court ordered eviction against the revision petitioner on the ground under Section 11 (4)(iv). The revision petitioner filed RCA No.24/2009. The respondent landlord had invoked the ground of arrears of rent also against the revision petitioner. But, that ground was not pressed by the respondent when the rent control petition was listed for trial.

(2.) IN the rent control appeal filed by the revision petitioner I.A. No.478/2010 was filed by the respondent. The above I.A. was filed under Section 12. It appears that the court issued notice to the tenant and I.A. was posted for 'objection and payment'. The posting of the I.A. on 11/6/2010 when the impugned order was passed was for the above purpose. Noticing that no objection was filed and that no amount was paid or deposited, the learned appellate authority would hear the parties on the I.A. and pass the impugned summary order of eviction.

(3.) IT is submitted by Mr.Azad Babu that even on the admission of the revision petitioner a sum of Rs.24,000/- will be due as on date, towards the rent in arrears. We are of the view that as a condition for getting relief, the petitioner should pay that amount together with an amount of Rs.1,000/- as costs.