SHAJI Vs. ALIKUTTY

JUDGEMENT

(1.) The tenant in a proceedings for eviction under Sec. 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) is the petitioner in this revision petition.

(2.) The eviction petition was one instituted in the year 2012. During January, 2020, the landlord filed an application in the eviction petition as I.A.No.3 of 2020 invoking Sec. 12(1) of the Act for a direction to the tenant to deposit the arrears of rent admitted by him. It was alleged in the affidavit filed in support of the said application that the tenant is not paying rent of the building ever since the institution of the eviction petition. In I.A.No.3 of 2020, the Rent Control Court passed an order on 24/1/2020 directing the tenant to pay the rent admitted by him. The tenant has not preferred any objection to the said application or paid any amount to the landlord towards arrears of rent. Consequently, the Rent Control Court stopped further proceedings in the eviction petition and passed an order of eviction under Sec. 12(3). Aggrieved by the said order, the tenant preferred R.C.A.No.26 of 2022. In R.C.A.No.26 of 2022, an interlocutory application was filed by the tenant as I.A.No.4 of 2020 seeking orders to receive a few documents. It is stated in the affidavit filed in support of I.A.No.4 of 2020 that the landlord has transferred the tenanted premises pending proceedings in the year 2019. One of the documents sought to be produced in terms of the said interlocutory application is an encumbrance certificate in which the said transaction is stated to be certified. The Appellate Authority dismissed I.A.No.4 of 2020 taking the stand that the documents sought to be produced are not of any relevance in the context of the appeal. Thereupon, the Appellate Authority dismissed the appeal also, on the ground that despite reasonable opportunity, the tenant has not shown that he has paid the rent prescribed in the rent deed after the institution of the eviction petition. It is aggrieved by the concurrent decisions aforesaid of the authorities below that the tenant has come up in this revision petition.

(3.) Heard the learned counsel for the tenant.