GREENIX VENTURES PVT. LTD. Vs. P. M. SALIM

JUDGEMENT

(1.) These Rent Control Revisions, i.e., R.C.Rev.No.147 of 2022 and R.C.Rev.No.151 of 2022, filed under Sec. 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, arise out of the judgment dtd. 4/7/2022 of the Rent Control Appellate Authority (Additional District Judge-VI), Ernakulam in R.C.A.No.5 of 2022, filed against the order dtd. 22/11/2021 of the Rent Control Court (Additional Munsiff), Kochi in R.C.P.No.17 of 2019. Since common issues are raised, these Rent Control Revisions are heard together and are being disposed of by this common order.

(2.) The petitioners in R.C.Rev.No.147 of 2022 are the petitioners-landlords in R.C.P.No.17 of 2019 on the file of the Rent Control Court, Kochi, which was one filed against the petitioners in R.C.Rev.No.151 of 2022, who are the tenants, seeking an order of eviction under Ss. 11(2)(b) and 11(3) of the Act. The tenants entered appearance and filed an objection in the Rent Control Petition. The landlords filed I.A.No.4 of 2020, an application under Sec. 12 of the Act, seeking an order directing the tenants to deposit admitted arrears of rent. In that interlocutory application, the tenants filed a counter, contending that the monthly rent of the tenanted premises is only Rs.1,60,000.00 and not Rs.1,83,000.00 as claimed by the landlords. Admittedly, the tenants have not paid any amount towards monthly rent from January, 2020 onwards, even at the rate of Rs.1,60,000.00. After considering the rival contentions, the Rent Control Court passed an order dtd. 30/1/2021 in I.A.No.4 of 2020, under Sec. 12(1) and (2) of the Act, whereby the tenants were directed to pay admitted arrears of rent amounting to Rs.20,80,000.00 for the period from 1/1/2020 till 30/1/2021, at the rate of Rs.1,60,000.00 per month, on or before 30/3/2021. The tenants have not chosen to pay or deposit the admitted arrears of rent. No petition was filed for enlargement of time for paying admitted arrears of rent. Therefore, the Rent Control Court passed an order dtd. 31/3/2021, under Sec. 12(3) of the Act, whereby the tenants were directed to vacate the petition schedule building and put the landlords in possession of that building.

(3.) The tenants filed I.A.No.6 of 2021 seeking an order to review the order dtd. 30/1/2021 in I.A.No.4 of 2020. That application was allowed on 27/8/2021 and the tenants were granted two weeks' time to show cause as to why an order under Sec. 12(3) of the Act shall not be passed against them. On 13/10/2021 the matter was adjourned to 16/10/2021 and thereafter to 28/10/2021. On 28/10/2021 the matter was adjourned to 22/11/2021. The tenants did not pay or deposit the admitted arrears of rent. They failed to show sufficient cause for nonpayment of admitted arrears of rent. Therefore, the Rent Control Court passed the order dtd. 22/11/2021 in R.C.P.No.17 of 2019, under Sec. 12(3) of the Act, whereby the tenants were directed to vacate the petition schedule building and put the landlords in possession of that building.