THAZHEVEETTIL NAUSHAD Vs. ELIZABETH REGGIVE

JUDGEMENT

(1.) The revision petitioners are the tenants, who suffered an order of eviction under Sec. 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') and subsequently evicted in E.P No.377 of 2022 on 16/10/2023. Against the order under Sec. 12(3) of the Rent Control Court, the petitioners filed an appeal as RCA No.23 of 2023 with a petition to condone the delay of 309 days in filing the appeal and the Appellate Court dismissed the petition to condone the delay for want of sufficient cause with an observation that the appeal and delay condonation petition filed at the fag end of the execution proceedings is only a dilatory strategy to drag the proceedings.

(2.) Heard the learned counsel for the revision petitioners and the learned counsel for the respondents.

(3.) Learned counsel for the revision petitioners argued that the landlords filed I.A No.4 of 2021 in RCP No.46 of 2021 seeking payment of admitted arrears of rent even before the tenants filed their objection to the RCP and a perusal of Sec. 12 of the Act would show that the contest in the RCP is a prerequisite to entertain an application under Sec. 12 of the Act. Learned counsel for the revision petitioners pointed out that in the order under Sec. 12(1) of the Act, even though, 30 days time is fixed for remitting the rent arrears from February 2021 till the date of the order, no time is fixed for payment of the rent arrears from 1/2/2020 till 31/1/2021 and in that circumstance, the order of eviction passed under Sec. 12(3) of the Act on 3/9/2022 is not legally sustainable. Another contention raised by the learned counsel for the revision petitioners is that the proceedings of the Rent Control Court in the RCP dtd. 30/8/2022 shows thus, 'Both represented. Order not complied. Issue show cause.' It is argued that in spite of the above order to issue show cause, no notice was issued from the court or served on the revision petitioners and in this connection the learned counsel for the petitioners also pointed out that as per Rule 22 of the Kerala Buildings (Lease and Rent Control) Rules, 1979, the notice is required to be served on the person concerned personally by delivering or tendering to him and in the absence of personal service of show cause notice the order dtd. 3/9/2022 is illegal and liable to be set aside.