K. V. KALESAN Vs. BABY M.J.

JUDGEMENT

(1.) The petitioner is the tenant and the respondents are the landlords. The respondents filed R.C.P No.4/2021 before the Additional Munsiff and Rent Controller Court-III, Ernakulam, against the petitioner for eviction under Ss. 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965 (for short 'the Act').

(2.) During the pendency of the Rent Control Petition, the respondents filed I.A No.1/2022 invoking Sec. 12 of the Act to direct the petitioner to pay the admitted arrears of rent amounting to Rs.2,74,340.00. The petitioner took a contention that since he did not admit the arrears of rent, the application filed under Sec. 12 of the Act is not maintainable. The Rent Control Court after hearing both sides passed Ext.P5 order under Sec. 12(1) of the Act, directing the petitioner to remit the rent arrears within 30 days and also continue to remit the rent which may subsequent due till the culmination of the proceedings. The petitioner challenged Ext.P5 before the Rent Control Appellate Authority, Ernakulam. The Rent Control Appellate Authority found that the challenge against the order passed under Sec. 12(1) is not maintainable and dismissed the appeal directing the Rent Control Court to give an opportunity to the petitioner to pay or deposit the arrears of rent as ordered in Ext.P5 or to show cause why the proceedings should not be stopped and the landlord be put in possession of the building.

(3.) Thereafter, the petitioner was given sufficient time to either to pay the arrears of rent as ordered in Ext.P5 or to show cause. The petitioner neither paid rent nor showed any cause. Therefore, the Rent Control Court passed Ext.P7 order under Sec. 12(3) of the Act, directing the petitioner to give vacant possession of the building to the respondents.