JAISON PAULSON Vs. K.J. JOHN

JUDGEMENT

(1.) HOPEFUL of renting out the premises and making profit out of the same, the respondent before this Court availed of a bank loan and put up a building. The respondent herein had let out the premises to the petitioner as per lease deed dated 20.2.2009 for running a Gymnasium. The monthly rent stipulated was Rs. 2,58,750/ -. When the tenant did not pay the rent, the landlord filed R.C.P. No. 30/2013 for eviction under sections 11(2)(b), 11(3) and 11(4) of the Rent Control Act.

(2.) POINTING out that the admitted arrears of rent be directed to be deposited by the tenant, the landlord moved a petition under section 12 of the Rent Control Act. Finding that admitted rent was in arrears, an order was passed against the tenant to deposit the admitted arrears of rent within the time stipulated under section 12 of the Rent Control Act. The tenant failed to do so. Consequently, the order of eviction followed.

(3.) THE execution petition was proceeded with. It is pointed out by the learned counsel for the respondent that petitions are filed before this Court and orders of stay obtained in O.P. (R.C.) No. 115/2014. This Court by order dated 16.9.2014 directed the petitioner herein to deposit a sum of Rs. 25,00,000/ - on or before 17.9.2014 and another sum of Rs. 25,00,000/ - on or before 26.9.2014. That order was not complied with. The learned counsel pointed out that as on date about Rs. 85,00,000/ - is due towards arrears of rent and not a single paise is paid by the petitioner. It is contended on behalf of the respondent that there is no equity or justice or any law in favour of the tenant and this Court may not forestall the proceedings causing further injury and loss to the landlord.