KRISHNAN Vs. NOORJAHAN

JUDGEMENT

(1.) The petitioner is the respondent-tenant in R.C.P No.17 of 2017 on the file of the Rent Control Court (Munsiff), Sulthan Bathery, a petition filed by the respondent herein-landlady seeking eviction of the tenant from the petition schedule shop room, under Ss. 11(2)(b), 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The tenant entered appearance and filed counter statement opposing the order of eviction sought for. After considering the pleadings and evidence on record, the Rent Control Court, by the order dtd. 15/2/2020 in R.C.P.No.17 of 2017, ordered eviction of the tenant under Ss. 11(2)(b), 11(3) and 11(8) of the Act, and the tenant was directed to give vacant possession of the petition schedule shop room to the landlady, within the time limit specified in that order. In the said order, it was made clear that the order of eviction granted under Sec. 11(2)(b) will be vacated, under Sec. 11(2)(c) of the Act, if the tenant deposits the arrears of rent with interest and cost within a period of one month.

(2.) Challenging the order of eviction granted by the Rent Control Court, the tenant filed R.C.A.No.19 of 2020 before the Rent Control Appellate Authority (Additional District JudgeI), Kalpetta, invoking the provisions under Sec. 18(1)(b) of the Act. That appeal was allowed in part, by the judgment dtd. 31/8/2021. The Appellate Authority confirmed the order of eviction granted under Sec. 11(8) of the Act. However, the order of eviction granted by the Rent Control Court under Sec. 11(2)(b) and 11(3) of the Act was set aside. Challenging the judgment dtd. 31/8/2021 of the Appellate Authority in R.C.A.No.19 of 2020, to the extent of confirming the order of eviction granted by the Rent Control Court under Sec. 11(8) of the Act, the tenant is before this Court in this revision, invoking the revisional jurisdiction under Sec. 20 of the Act.

(3.) On 28/9/2021, when this Rent Control Revision came up for admission, the respondent-landlady entered appearance through counsel. On 1/12/2021, this Court has made it clear that pendency of this Rent Control Revision will not stand in the way of the execution court proceeding with the matter, in accordance with law.