NAZARUDEEN Vs. KRISHNA TALKIES

JUDGEMENT

(1.) UNDER challenge in this revision under Section 20 is the judgment of the Rent Control Appellate Authority, Kollam declining eviction on the ground of arrears of rent and also under Section 11(iv)(2), the ground of misuser of the building in such a manner as to reduce value and utility of the building materially and permanently. Sri.K.Jaju Babu, the learned counsel for the revision petitioners addressed us very strenuously on the various grounds raised in this revision assailing the decisions of the statutory authorities. All the submissions of Sri.Jaju Babu were resisted by Sri.K.A.Salil Narayanan, the learned counsel for the respondents. Having considered the rival submissions and having scanned the judgment of the Appellate Authority and the order of the Rent Control Court, we are of the view that there is no illegality, irregularity or impropriety as envisaged by Section 20 of Act 2 of 1965 about the judgment of the Appellate Authority.

(2.) WE, therefore, sustain the order declining eviction on any of the grounds invoked. At the same time, we notice another aspect of the matter. The RCP was instituted in the year 1987 with the allegation that rent is in arrears from 01/01/86. These proceedings have been pending before various authorities for more than two decades now. It was submitted by Sri.Jaju Babu that after the RCP was instituted, no amount was paid or deposited by the respondents towards the rent in arrears including the rent which fell due subsequent to the commencement of the proceedings. The above submission was opposed by Sri.Salil Narayan. According to him, as per instructions imparted to him by his counter part at Kollam, the rent that fell due subsequently is promptly paid or deposited in the court below. Under the above circumstances, we are inclined to issue directions so as to ensure that the revision petitioners/landlords are able to recover at least the rent at the agreed rate which fell due during the pendency of the Rent Control Proceedings till date.