GIRINDRA GLOBAL HOSPITALITY Vs. MANAPPURAM HOTELS (P) LTD.

JUDGEMENT

(1.) The petitioners are the respondents-tenants in R.C.P.No.83 of 2021 on the file of the Rent Control Court (Ist Additional Munsiff), Thrissur, a petition filed by the respondents herein-landlords under Sec. 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenants from the petition schedule building, on the ground of arrears of rent. The petitioners have filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court to dispose of Exts.P6 and P8 interlocutory applications, i.e., I.A.No.8 of 2022 and I.A.No.9 of 2022 in R.C.P.No.83 of 2021, within a time frame to be fixed by this Court, and to direct the Rent Control Court to keep in abeyance the consideration of Ext.P2 interlocutory application, i.e., I.A.No.3 of 2022 in R.C.P.No.83 of 2021 filed by the respondents-landlords under Sec. 12 of the Act seeking an order directing the tenants to remit the arrears of rent amounting to Rs.1,17,60,000.00 with 6% interest from their respective dates of default, within a period of four weeks from the date of order and in case of default, to stop further proceedings in R.C.P.No.83 of 2021 under Sec. 12(3) of the Act. I.A.No.8 of 2022 is one filed by the tenants seeking an order to refer the parties to resolve the dispute by way of arbitration, in view of Article XXII of the registered lease deed dtd. 26/9/2018 (Ext.P9), which is serial No.1 in the list of documents in R.C.P.No.83 of 2021. I.A.No.8 of 2022 is filed invoking the provisions under Sec. 8 of the Arbitration and Conciliation Act, 1996. In I.A.No.9 of 2022, the tenants are seeking an order for appointing an Advocate Commissioner along with an expert in Civil Engineering for submitting a report after measuring the area occupied by the tenant and for ascertaining the facilities provided by the tenant in the tenanted premises. According to the tenants, the monthly rent, other charges and statutory dues have been arrived at in Ext.P9 registered lease deed, as stated in paragraph 4 of the Rent Control Petition (Ext.P1), on an assumption that the tenanted premises is having a plinth area of 32,000 sq.mtr.

(2.) Heard the learned counsel for the petitioners-tenants and also the learned counsel for the respondents-landlords.

(3.) The learned counsel for the petitioners-tenants would contend that the consideration of I.A.No.3 of 2022 in R.C.P.No.83 of 2021 has to be deferred till orders are passed by the Rent Control Court in I.A.No.8 of 2022 seeking an order to refer the parties to arbitration, which is one filed invoking the provisions under Sec. 8 of the Arbitration and Conciliation Act, and also I.A.No.9 of 2022 filed by the tenants seeking an order to depute an Advocate Commissioner along with an expert Civil Engineer for submitting a report after measuring the area occupied by the tenant and also the facilities provided by the tenant, in the tenanted premises. Before passing any orders on the aforesaid interlocutory application, the tenant cannot be directed to pay the monthly rent agreed in Ext.P9 registered lease deed, by an order of the Rent Control Court under Sec. 12(1) and (2) of the Act.