THOMAS GEORGE VAYALIL Vs. MUSAMMIL M.

JUDGEMENT

(1.) THE tenant who is faced with an order under Section 12(3) of the Kerala Buildings (Lease & Rent Control) Act (for short 'the Act'), which has been confirmed by the Appellate Authority, has approached this Court by filing this revision petition.

(2.) THE eviction petition was filed as R.C.P.No.50/2011 by the respondent. The grounds alleged for eviction are under Sections 11(2)(b) (arrears of rent) and 11(4)(i) (sub-letting). The tenant filed an objection in the matter. Later, the landlord filed an application as I.A.No.1820/2011 invoking Section 12(3) of the Act to direct the petitioner herein to deposit the admitted arrears of rent. Overruling the objections, the Rent Control Court ordered, as per Annexure A1 order dated 25.10.2011 to deposit the entire arrears of rent on or before 30.11.2011, failing which an order under Section 12(3) shall follow. The petitioner did not deposit the amount in compliance with the said order. The final order passed by the Rent Control Court has been produced as Annexure A2 which is dated 19.12.2011 directing the petitioner to vacate the building for non compliance of the direction obviously and after stopping the further proceedings in the Rent Control Petition.

(3.) WE heard learned counsel for the petitioner Shri Firoz K.M. and Shri C.P. Muhammed Nias, learned counsel appearing for the respondent.