M. RAMESH Vs. VANIYAPATTA SAFEENA AND ORS.

JUDGEMENT

(1.) The revision petitioner herein is the tenant, who is confronting with a summary order of eviction passed under Section 12 of the Kerala Buildings (Lease and Rent Control) Act,1965 (hereinafter referred to as 'the Act' for short). The respondents/landlord had preferred R.C.P.No.171 of 2015 against the petitioner/tenant seeking an order of eviction of the petition schedule building on the grounds of Section 11(3) and 11(8) of the Act.

(2.) During the pendency of the said RCP, the respondents/landlord had preferred an application under Section 12 of the Act, seeking an order directing the revision petitioner/tenant to pay the admitted arrears of rent. According to the respondents/landlord, the rent at the rate of Rs.750/- month is in arrears from May, 2015 onwards. The revision petitioner/tenant filed a counter statement admitting that there is arrears of rent, which is liable to be paid by him to the respondents/landlord. But calculation shown in that petition is not correct. Till the month of March, 2015, the respondents/landlord had issued receipts for payment of rent. But, in the subsequent five months, the respondents/landlord neglected to issue receipts. He denied the allegation that he wilfully kept the rent in arrears. According to the revision petitioner/tenant, the respondents/landlords did not receive the rent from him. Hence, he prayed for the dismissal of the petition.

(3.) After considering the aforesaid rival pleadings, the court below allowed the application and directed the revision petitioner/tenant to pay the admitted arrears of rent to the respondents/landlord. But, the revision petitioner/tenant failed to pay the admitted arrears of rent within the time frame. Consequently, the Rent Control Court passed an order stopping the proceedings and directing the revision petitioner/tenant to give vacant possession of the petition schedule room to the respondents/landlord. This order is under challenge in this revision.