SUVARNA Vs. IBRAHIMKUTTY

JUDGEMENT

(1.) The petitioner is the respondent-tenant in R.C.P.No.28 of 2007 on the file of the Rent Control Court (Munsiff), Chavakkad, a petition filed by the respondent herein -landlord, under Sec. 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant from the petition schedule building. The Rent Control Court granted Ext.P1 order of eviction dtd. 15/2/2012 in R.C.P.No.28 of 2007, under Sec. 11(3) of the Act and directed the tenant to surrender vacant possession of the petition schedule building to the landlord, within a period of one month from the date of that order.

(2.) Feeling aggrieved by the order of eviction, the tenant preferred R.C.A.No.26 of 2012 before the Additional Rent Control Appellate Authority-IV, Thrissur. In that appeal, the landlord filed I.A.No.3440 of 2016, an application under Sec. 12 of the Act, seeking an order directing the tenant to pay the admitted arrears of rent with interest, failing which to issue show cause notice and direct the tenant to put the landlord in possession of the petition schedule building. In I.A.No.3440 of 2016, the Appellate Authority passed Exhibit P2 order dtd. 9/1/2017, whereby the tenant was directed to pay admitted arrears of rent within a period of 4 weeks from the date of that order or to show sufficient cause to the contrary. Later, by Ext.P3 judgment dtd. 7/2/2017, the Appellate Authority stopped the proceedings in R.C.A.No.26 of 2012. The said judgment reads thus;

(3.) Feeling aggrieved by Ext.P3 judgment of the Additional Rent Control Appellate Authority-IV, Thrissur, dtd. 7/2/2017 in R.C.A.No.26 of 2012, the tenant is before this Court in this original petition filed under Article 227 of the Constitution of India, seeking an order to set aside that judgment and to direct the Appellate Authority to dispose of R.C.A.No.26 of 2012, on merits.