SUBEESH Vs. VICHATHRAN

JUDGEMENT

(1.) The respondent in R.C.P No.24 of 2016 before the Rent Control Court (Munsiff), North Paravur is the revision petitioner. Rent Control Court, as per order dtd. 29/3/2021, stopped further proceedings in the R.C.P under Sec. 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 and directed the petitioner-tenant to surrender vacant possession of the petition schedule room to the respondent- landlord. The petitioner preferred an appeal as R.C.A No.7 of 2021 under Sec. 18 of the Act before the Rent Control Appellate Authority (Additional District Judge, North Paravur), but it was unsuccessful. Hence, he filed this revision petition under Sec. 20 of the Act.

(2.) Heard the learned counsel appearing for the petitioner in detail.

(3.) The respondent filed R.C.P No.24 of 2016 for eviction under Sec. 11(2) (b), 11(3) and 11(4)(v) of the Act. In the R.C.P he filed I. A No. 2472 of 2018 under Sec. 12 of the Act. Rent from January 2016 at the rate of Rs.6,000.00 per month was said to be due. Rent Control Court, accepting that contention of the petitioner, passed an order under sec. 12(1) of the Act. The petitioner filed R.C.A No.18 of 2019 assailing that order. Such an appeal is not maintainable; however, the Appellate Authority entertained the appeal and modified the order of the Rent Control Court. The petitioner was directed to pay admitted arrears of rent from January 2016 at the rate of Rs.3,000.00 per month. The direction of the Appellate Authority was to pay the admitted arrears of rent within five days.