ASHOK HARRY POTHEN Vs. PREMLAL

JUDGEMENT

(1.) The respondent-tenant in R.C.P.No.35 of 2022 on the file of the Rent Control Court (Additional Munsiff), Thiruvananthapuram, has filed this Original Petition under Article 227 of the Constitution of India. He is aggrieved of Ext.P7 order of the Rent Control Court in I.A.No.1 of 2022 in that rent control petition.

(2.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(3.) R.C.P.No.35 of 2022 was filed by the respondent seeking eviction of the petitioner under Sec. 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The respondent contended that the petition schedule premises was let out to the petitioner on a monthly rent of Rs.1,65,000.00 as per a lease agreement dtd. 15/7/2015. There was stipulation for yearly enhancement of rent by 10%. The respondent filed I.A.No.1 of 2022 alleging that the petitioner defaulted payment of rent and as on February, 2022, an amount of Rs.1,32,69,902.00 remained to be paid towards arrears of rent. It is further averred by the respondents that although an agreement for sale of the petition schedule building was entered into between the parties on 23/3/2017, the sale did not get through for the fault of the petitioner. Hence the advance sale consideration paid by the petitioner was adjusted against the rent. Adding the subsequent arrears till 15/10/2022 the rent amount due is Rs.1,04,74,693.00. On the said premises the respondent filed I.A.No.1 of 2022.