JOY DANIEL Vs. RAJEEVAN

JUDGEMENT

(1.) The petitioner, who is the respondent-tenant in R.C.P. No. 127 of 2014 on the file of the Rent Control Court (Principal Munsiff), Thrissur, a petition filed by the respondent herein-landlord seeking eviction of the tenant from the petition schedule residential building under Ss. 11(3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The tenant filed counter in the Rent Control Petition opposing the order of eviction sought for. Before the Rent Control Court, Exts.A1 to A11 were marked on the side of the landlord and he was examined as PW1. On the side of the tenant, he was examined as RW1. After considering the pleadings and evidence on record, the Rent Control Court found that the landlord is entitled to an order of eviction under Sec. 11(3) of the Act. The order of eviction under Sec. 11(4)(v) of the Act was declined. By the order dtd. 31/1/2020 in R.C.P. No. 127 of 2014, the tenant was directed to put the landlord in possession of the petition schedule residential building under Sec. 11(3) of the Act, within a period of two months from the date of that order, and the landlord was found entitled to recover and realise the entire cost of the proceedings.

(2.) Challenging the order of eviction granted by the Rent Control Court in R.C.P. No. 127 of 2014, the tenant filed R.C.A. No. 64 of 2020 before the Rent Control Appellate Authority (Additional District Judge-IV), Thrissur, invoking the provisions under Sec. 18(1)(b) of the Act. During the pendency of R.C.A. No. 64 of 2020, the respondent-landlord filed I.A. No. 6 of 2021, a petition under Sec. 12 of the Act, seeking an order directing the tenant to pay or deposit the admitted arrears of rent and continue to pay or deposit rent for the subsequent period, during the pendency of that appeal. In that interlocutory application, the appellant-tenant filed objections. After considering the objections raised by the tenant, the Appellate Authority passed an order dtd. 12/11/2021 under Sec. 12(1) of the Act, whereby, the tenant was directed to remit the arrears of rent for 42 months, at the rate of Rs.12,000.00 per month, with 6% interest, within a period of five weeks from the date of that order. The tenant did not comply with the direction contained in that order, within the time limit stipulated therein. The Appellate Authority adjourned the matter on several occasions. Thereafter, by the order dtd. 17/3/2022, which is impugned in this original petition, the Appellate Authority stopped further proceedings in R.C.A. No. 64 of 2020, under Sec. 12(3) of the Act, and the tenant is directed to put the landlord in possession of the petition schedule residential building within a period of one month. Challenging the aforesaid order of the Appellate Authority, the petitioner tenant is before this Court in this Rent Control Revision, invoking the revisional jurisdiction under Sec. 20 of the Act.

(3.) Heard the learned counsel for the petitioner-tenant and the learned counsel for the respondent-landlord.