RAKESH MENON Vs. HOMEX TRADE LINKS P LTD

JUDGEMENT

(1.) UNDER challenge in this original petition filed by the landlord under Article 227 of the Constitution is Ext.P8 order passed by the learned Rent Control Appellate Authority ( VIth Additional District Court, Ernakulam) in RCA No.20/2012. We find that under Ext.P8, the Hon'ble Rent Control Appellate Authority has extended the order of stay of execution passed in favour of the respondent/tenant against whom the Rent Control Court passed summary order of eviction under Section 11 (3) of the Act 2 of 1965. The ground raised by the original petitioner/landlord is that the Rent Control Appellate Authority has granted an absolute stay against the execution of the summary order of eviction passed by the Rent Control Court against the respondent/tenant without imposing any conditions. Ext. P1 is the copy of the amended rent control petition. Ext.P4 is the statement of objections filed by the tenant to the Rent Control Petition. A careful reading of Exts.P1 and P4 will show that the respondent did not dispute that Rs.4 Lakhs per month is the contract rent. The allegation of the landlord in the rent control petition was the rent is in arrears since November 2010 at the above rate. We find on going through Ext.P4 that the above allegation that the rent has not been paid is not disputed. On the contrary, what is contended in paragraph 12 of Ext. P4 is as follows;

(2.) SIGNIFICANTLY the tenant has expressed his readiness to deposit the monthly rent for future months without prejudice to the contentions of the respondent. Submission of Sri.Sadchith.P.Kurup learned counsel for the original petitioner was that despite the readiness so expressed by the respondent/tenant through Ext.P4, the Appellate Authority has granted absolute stay.

(3.) HENCE the argument that the landlord has to file a petition under Section 11 cannot be accepted. If the rent control court or the appellate authority notices that the arrears of rent admitted or the rent that fell due subsequently is not paid or deposited within the period specified in Section 12, it is the duty of the rent control court or the appellate authority to follow the procedure envisaged by that section.