HABEEB MUHAMMED Vs. RAGHAVAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the judgment in R.C.A. No. 31 of 2001 on the file of the Rent Control Appellate Authority, Trivandrum. Landlords are the petitioners. Landlords filed R.C.P. No. 1 of 1994 for eviction of the tenant on the basis of arrears of rent under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act). The Rent Control Court found that there was default of arrears of rent and hence, ordered eviction. Against that order, tenant filed R.C.A. No. 77 of 1997 before the Rent Control Appellate Authority. The Rent Control Appellate Authority by its judgment dated 22.12.1998 found that the rent amounting to Rs. 12,46,000/- was in arrears in respect of the building. Accordingly, the appeal was dismissed in confirmation of the order of eviction. Against that judgment, C.R.P. No. 153 of 1999 was filed before this Court. It appears that before that the tenant filed R.C.P. No. 113 of 1988 before the Rent Control Court for fixation of fair rent. The Rent Control Court passed an order fixing the fair rent in respect of the building at Rs. 9,780/- per annum in the place of Rs. 10,000/-.

(2.) Against the order of the Rent Control Court, both the landlords and tenant filed appeals before the Appellate Authority. The Appellate Authority dismissed the appeal filed by the tenant and allowed the appeal filed by the landlords, in the light of a decision of this Court reported in Issac Ninan v. State of Kerala, 1995 (2) KLT 848 . Against the dismissal of the appeal, tenant filed revisions, C.R.P. Nos. 1419 and 1422 of 1996. The two Civil Revision Petitions were heard together and by order dated 23.2.2000 the revision were dismissed. Thus, the order of eviction under S.11(2)(b) of the Act was upheld by the Division Bench in the above Civil Revision Petitions.

(3.) Against the order in the above Civil Revision Petitions, the tenant preferred Special Leave Petitions before the Supreme Court as SLP (C) Nos. 4895-97 of 2000. Leave was granted and the appeal was numbered as Civil Appeal Nos. 779-781 of 2001. The appeals were dismissed by order dated 16.1.2001. After the dismissal of the Special Leave Petitions, the tenant filed I.A. No. 1523 of 2001 before the Rent Control Court, under S.11(2)(c) of the Act for vacating the order of eviction. In the affidavit filed along with the application, the tenant stated about the orders passed by the High Court and the Supreme Court. In Para.6, it is stated that the Rent Control Appellate Authority has calculated the rent due to the landlords at Para.13 of its order dated 22.12.1998. The amount comes to Rs. 12,46,000/-. In Para.7, it is stated that pursuant to the directions in C.R.P. No. 153 of 1999, he had deposited an amount of Rs. 7 lakhs in the Principal Munsiff Court, Thiruvananthapuram, wherein the E.P. was pending. In Para.8, it is stated that pursuant to the orders of the Supreme Court dated 15.3.2000 and 3.4.2000, he has deposited an amount of Rs. 8,00,000/- in the Supreme Court. According to us, this has been appropriated towards arrears of rent. Further, it is stated that he had been paying rent to the landlords. According to him, along with the petition, he had filed a statement of account, according to which he claimed interest for the arrears of rent upto 25.9.1993. According to the tenant, the total amount payable was less than Rs. 15,00,000/- and he had already deposited Rs. 15,00,000/- and hence, he prayed for vacating the order of eviction.