(1.) The challenge in this revision is against an order passed by the Rent Control Appellate Authority under S.11 (2) (c) of the Kerala Buildings (Lease & Rent Control) Act (for short 'the Act') granting the respondent tenant further time to make the required deposit under that sub-section in an appeal filed by the respondent tenant against an order by the Rent Control Court refusing to pass such an order in his favour. It was contended that when once the period fixed for depositing the arrears of rent together with interest and costs in the order of eviction expires and on such expiry the landlord files execution petition; it may not be a proper exercise of jurisdiction on the part of the rent control court or the appellate authority to grant further time for deposit thereafter so as to deprive the landlord of his right to execute the order of eviction which has become executable by default in the payment of arrears of rent with interest and costs. The learned counsel submitted that initiation of execution proceedings after the expiry of the original period would in fact act as a bar for the exercise of the discretionary jurisdiction to grant further time under S.11(2)(c) of the Act.
(2.) The facts and circumstances under which the appellate authority has passed the impugned order under S.11(2)(c) of the Act can be stated thus: The order of eviction under S.11(2)(b) of the Act was passed on 2-3-1990 giving two months' time for depositing the required amount and for moving the court under S.11(2)(c) of the Act. The two months' time fixed in the order expired in 3-5-1990, during mid summer vacation. The court reopened after mid summer vacation on 25-6-1990. No deposit was made on or before 25-6-1990. If the tenant wanted to file necessary application for granting further time it could have been filed on 25-6-1990 itself and in that case there would not have been any delay in filing the application for further time. However, before filing any application for further time under S.11(2)(c) of the Act, on 30-5-1990 the landlord filed execution application to execute the order of eviction. On 14-6-1990 the respondent tenant filed I.A.No.1008 of 1990 praying for granting further time for deposit under S.11(2)(c) of the Act after condoning the default in not making the deposit within 2 months' time granted originally as per the order of eviction. The entire arrears of rent with interest and costs was actually deposited on 16-6-1990 as per chalan No. 52. The request was to extend the time for deposit till 16-6-1990.The prayer in the application was opposed by the landlord. The Rent Control Court found no reason to grant further time and rejected the prayer. On appeal the appellate authority has on a consideration of the entire facts and circumstances of the case, found that the refusal to grant further time as requested by the tenant was not proper and legal and has allowed the application granting time till 16-6-1990. It is the validity of the order so passed by the appellate authority which has been challenged in this revision.
(3.) S.11(2) of the Act is in the following terms: