PAULY Vs. GEORGE

JUDGEMENT

(1.) Under challenge in this revision filed by the tenant is the judgment of the Rent Control Appellate Authority confirming the summary order of eviction passed by the Rent Control Court under Section 12(3) of Act 2 of 1965. It is submitted by Sri.G.Sreekumar that after the impugned summary order of eviction was passed by the Rent Control Court, the entire amount which was payable by the revision petitioner was paid off. The learned counsel submitted that the Appellate Authority did notice the above aspect, however, expressed helplessness for giving relief to the tenant on the reason that unlike order of eviction passed under Section 11(2)(b), summary order of eviction under Section 12(3) cannot be vacated on the basis of subsequent deposits. Sri.V.K. Balachandran, the learned counsel for the respondent/landlord who had lodged a caveat in anticipation of this RCR submitted that it is true that after the order of eviction under Section 12 (3) was passed by the Rent Control Court, the petitioner discharged the admitted arrears of rent which was found by the Rent Control Court. But, according to him, such discharge will not automatically result in the summary order of eviction under Section 12(3) being vacated. He submitted that as on today inclusive of the cost incurred by the landlord a sum of Rs.20,000/- will be due to the landlord.

(2.) On going through the order of the Rent Control Court and the Judgment of the Appellate Authority we do not find any illegality, irregularity or impropriety as envisaged under Section 20 justifying invocation of the revisional jurisdiction under Section 20. But we notice that this is a case where eviction was sought by the landlord under Section 11(3) and 11(4)(ii) and that the merits of those grounds were never enquired into by the Rent Control Court. We feel that even if it be by imposing stringent terms, the revision petitioner should be afforded an opportunity to contest the Rent Control Petition on merits. Hence, we set aside the impugned judgment and the order of the Rent Control Court and direct that the Rent Control Petition will be enquired into and disposed of by the Rent Control Court on merits subject to the following conditions:-

(3.) We make it clear that this order will become operative only upon the revision petitioner complying with all the above conditions. Once the Rent Control Court notices receipts against payment of the two amounts mentioned above the RCP will stand restored and the Rent Control Court will post the RCP for trial. Since the RCP is of the year 2001 top priority will be given by the Rent Control Court and at any rate, it will be ensured that the RCP is disposed of on merits within three months of parties entering appearance before the Rent Control Court pursuant to this order. Parties will enter appearance before the Rent Control Court on 15/10/10. The Rent Control Court will give one opportunity to both sides for taking pretrial steps.