KARTHIYAYANI Vs. S N D P SAKHA YOGAM

JUDGEMENT

(1.) Has the Rent Control Court got the discretion to allow time more than once to the tenant to pay arrears of rent with interest and cost of proceedings under S.11(2)(c) of Act 2 of 1965 after the expiry of statutory period of one month, is the question that has come up for consideration in this case.

(2.) This matter has been placed before us on a reference made by one of us (K.S. Radhakrishnan, J.) in view of the conflicting opinions expressed by various Division Benches with regard to the powers of the Rent Control Court under S.11(2)(c) of the Act while dealing with application filed by the tenant for extension of time for deposit of arrears of rent, interest and cost of proceedings.

(3.) S.11(2)(a) enables a landlord to apply to the Rent Control Court for an order of eviction if the tenant has not paid or deposited the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy or in the absence of any such agreement by the last day of the month next following mat for which the rent is payable. Rent Control Court if it is satisfied, after giving the tenant an opportunity of showing cause against the application shall make an order under S.11(2)(b) directing the tenant to put the landlord in possession of the building or else it can reject the application. Proviso to S.11(2)(b) states that application under S.11(2)(a) shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at 6% per annum and postal charges incurred in sending the notice within fifteen days of the receipt of the notice or of the refusal thereof. Statute has however made a restriction under S.11(2)(c) stating that the order passed by the Rent Control Court under S.11(2)(b) shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow. If the tenant deposits the arrears of rent with interest and cost of proceedings within the period of one month statutorily fixed or within such further period allowed by the Rent Control Court it shall vacate the order of eviction.