E. K. MOHAN Vs. PARAMESWARAN NAMBOODIRIPAD

JUDGEMENT

(1.) Both these petitions are by the tenant against whom a decree for eviction under S.11(2)(b) and (c) of the Kerala Buildings (Lease and Rent Control) Act was made and finally confirmed by this Court in C. R. P. No. 1669 of 1985 on 30-7-1991. In this order the petitioner is referred to as the "tenant" and the respondents as the "landlord". In C. M. P. No. 2631 of 1991 the tenant prays that he be granted six months time from 30-8-1991 to deposit the arrears of rent nearing a sum of Rs. 3 lakhs. C. M. P. No. 2631/1991 was argued in extenso by counsel for both sides on 30-9-1991. The submission of Mr. Warrier was that, after this Court dismissed the revision petition by the tenant without granting any time for payment of the arrears of rent, there is no jurisdiction in this Court to grant time beyond what is statutorily permitted. I reserved the judgment. But before I could pronounce the order the petitioner took out C. M. P. No. 3121 of 1991 after hurriedly depositing in the Trial Court, without the permission of any court, a sum of Rs. 2,54,000/- towards the arrears of rent. In this C M. P. he prays that the delay of 35 days in depositing the arrears of rent in accordance with the order of the Appellate Court in R. C. A. No. 122 of 1980 as confirmed by, this Court in C. R. P. No. 1669 of 1985 be condoned. This judgment will dispose off both the petitions.

(2.) A brief history of this litigation may be outlined.

(3.) In C. R. P. No. 1669 of 1985, my learned brother Shamsuddin, J. on 30-7-1991 made an elaborate and well considered order after examining the testimony of witnesses and the documents. His findings are relevant to these petitions. The judgment which is common to C. R. P. 1669 of 1985 and A. S. Nos. 234 and 235 of 1980 records the following findings: