OLIYIL SALIM Vs. SAIDU HUSSIAN KUNJU KOYA THANGAL

JUDGEMENT

(1.) The petitioner is before us claiming that the delivery of the tenanted premises is kept for today and he requires a stay of the proceedings. Admittedly, the landlord had claimed for arrears of rent under Section 12 of the Rent Control Act. There was no objection filed nor were any amounts paid. The court issued show cause under Section 12 (1) and there was no order passed under Section 12(2) is the contention taken.

(2.) Admittedly there was an order issued under Section 12(1) to pay the admitted arrears or to show cause, which was not complied with. An application filed by the tenant is seen, from the impugned order, to have been rejected and no extension of time for payment was sought for. Later, the Rent Control Court passed Ext.P5 order directing the tenant to put the landlord in possession of the petition schedule building within one month from the date of the order. The said order was passed on 25.03.2019; almost two years back in a Rent Control Petition of the year 2015. E.P. was filed in 2019 itself and the tenant appeared therein and participated in the proceedings.

(3.) The claim now raised by the tenant is that an appeal is filed against Ext.P5 order, on 04.01.2021 and since it is pending, the delivery may be stayed. The learned Counsel urged that there is also a valid legal ground of the order under Section 12(2) having not been passed.