MANIKKOTH SHANIBA Vs. KUNNOTH AYISHA

JUDGEMENT

(1.) The petitioner is the respondent-tenant in R.C.P.No.9 of 2020 on the file of the Rent control Court (Munsiff), Nadapuram, which is one filed by the respondent herein-landlady under Sec. 11(2)(b) and Sec. 5 of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction on the ground of arrears of rent and for fixation of fair rent in respect of the petition schedule shop room. The petitioner-tenant entered appearance and filed counter. The landlady filed I.A.No.3 of 2021, an application under Sec. 12(1) of the Act, seeking an order directing the tenant to deposit admitted arrears of rent. In that application, the tenant filed counter. Thereafter, the Rent Control Court passed Ext.P3 order dtd. 9/12/2021, under Sec. 12(1) of the Act, read with Sec. 12(2), whereby the tenant was directed to pay admitted arrears of rent in respect of the petition schedule shop room at the rate of Rs.11,500.00 per month from August, 2019 in a lump sum on or before four weeks from the date of that order. The tenant was further directed to pay the rent of the building for the subsequent period, within 15 days from the due date.

(2.) Challenging Ext.P3 order of the Rent Control Court, the tenant filed R.C.A.No.7 of 2022 before the Rent Control Appellate Authority (Addl. District Judge), Vadakara. In Ext.P4 order dtd. 2/4/2022 in I.A.No.1 of 2022 in R.C.A.No.7 of 2022, the Appellate Authority found that the R.C.A.No.7 of 2022 is not maintainable since the order under challenge is an order under Sec. 12(1) of the Act, which is not appealable. The tenant filed Ext.P5 interlocutory application, i.e., I.A.No.6 of 2022, before the Rent Control Court, seeking an order to adjust the advance amount of Rs.4,00,000.00 towards the arrears of rent. Thereafter, the tenant filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order to set aside Ext.P3 order dtd. 9/12/2021 of the Rent Control Court (Munsiff), Nadapuram in I.A.No.3 of 2021 in R.C.P.No.9 of 2020 and to direct the said court to decide Ext.P5 interlocutory application in accordance with law.

(3.) On 3/6/2022, when this original petition came up for consideration, this Court admitted the matter on file and issued notice to the respondent through her counsel before the Rent Control Court, Nadapuram, where R.C.P.No.9 of 2020 is pending consideration.