BIJU GEORGE Vs. RAJU ABRAHAM

JUDGEMENT

(1.) This Revision is filed challenging the order dated 22.12.2020 in R.C.A.No.45 of 2020 of the District Judge & Rent Control Appellate Authority, Ernakulam, by which the above Rent Control Appeal was dismissed in the light of the fact that the application to condone the delay of 451 days in filing the appeal was dismissed as per order dated 22.12.2020 in I A No.1/2020 in the above appeal.

(2.) The brief facts are like this:-The Revision Petitioner is the respondent in R.C.P.No.12 of 2018 on the file of the Rent Control Court, Ernakulam. The above Rent Control Petition was filed by the respondent herein seeking eviction on the grounds envisaged under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act').

(3.) Pending the above application, the respondent herein filed an application under Section 12(1) of the Act to direct the tenant to deposit the admitted arrears of rent worth Rs.10,12,000/-. The Rent Controller, after hearing both sides, directed the petitioner herein to remit the admitted rent arrears at the rate of Rs.25,000/- from February 2017 till the date within 30 days from the date on which the order was passed. Admittedly, the respondent/revision petitioner did not deposit the arrears. The matter came up for consideration on 3.7.2019. On that date, the revision petitioner appeared through a counsel. The counsel for the revision petitioner prays time to deposit the amount. Hence, the Rent Controller passed an order under Section 12(3) of the Act to surrender vacant possession of the petition schedule building to the landlord forthwith. This order was passed on 3.7.2019.