K P MOHAMMED Vs. MADHAVI AMMA

JUDGEMENT

(1.) The landlord who is the respondent in these two Appeals, filed R. C. O. P. No. 207 of 1954 for eviction of the appellant tenant under the Madras Buildings (Lease & Rent Control) Act, 1949, and continued it, after the enactment of the Kerala Buildings (Lease & Rent Control) Act, 1959, under the latter Act (which will be referred to hereinafter as the Act) as S.33 thereof directed all proceedings, commenced under the Madras Act and pending at its commencement, to be deemed to have been commenced under it and continued subject to its provisions.

(2.) Under the Act, no tenant is allowed to resist eviction by his landlord unless he be free of arrears of rent. S.12 of the Act provides:

(3.) In view of the provisions of S.12(1) of the Act, the appellant was asked to state the rent that was in arrear. The statement he filed on December 7, 1959, in response thereto, showed Rs. 3327-70 nP as due by him after setting off the amounts alleged to have been spent by him for repairs of the building. As there was no rule fixing the time to be allowed to a tenant to clear off arrears, the court, on January 28, 1960 directed the appellant to deposit the admitted arrears in 15 days; and that order not having been complied with, surrender of the building to the landlord under S.12(3) was ordered on February 12, 1960. An appeal (C. M. A. No. 53 of 1960) preferred before the appellate authority (the Subordinate Judge), as also a revision (C. R. P. No. 328 of 1960) of the appellate order sought before the District Judge did not succeed. So he moved O. P. No. 1486 of 1961 in this court for a writ of certiorari to quash the aforesaid order of eviction.