M.R.GOVINDANKUTTY Vs. PHILIP CHERRY

JUDGEMENT

(1.) THE respondent filed R.C.P.No.55 of 2013 on the file of the Rent Control Court, Ernakulam against the petitioner under Sections 11(2)(b), 11(3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court passed an exparte order of eviction on 9.10.2013. The landlord filed E.P.No.311 of 2013 for execution of the order.

(2.) THE petition schedule building is a residential house. According to the landlord, the tenancy commenced from 1.5.2012 on a monthly rental of 7,500/ -. The landlord contended that even during the first month the tenant paid only 2,500/ - and the entire balance rent from the first month is in arrears. The learned counsel for the petitioner/tenant submitted that rent is not in arrears from May 2012 as alleged by the landlord and the rent is in arrears for the last one year only. The learned counsel for the respondent/landlord submitted that the notice claiming arrears of rent was issued on and even from that date, for more than 1= years, rent is in arrears.

(3.) AFTER receiving notice in the Execution Petition, the petitioner/tenant filed I.A.No.3782 of 2014 to set aside the exparte order of eviction. To condone the delay of 219 days in filing I.A.No.3782 of 2014, he filed I.A.No.3783 of 2014. Those applications are pending disposal. Meanwhile, in E.P.No.311 of 2013, delivery of the building was ordered on 11.6.2014.