M VENUGOPALAN Vs. RAPHAEL

JUDGEMENT

(1.) THIS revision petition preferred by a landlord arises out of certain proceedings instituted by him in the Rent Control Court, Trichur, claiming eviction of a building belonging to him on the ground that rent had been kept in arrear. The Rent Control Court passed orders directing the tenant to pay all admitted arrears on or before the 20th September 1971. It was made clear that on default of deposit, within the specified period, an order for possession under S.12(2) of the Act, will be passed. The order was not complied with, despite the tact that time for payment was extended. Therefore, the Rent Control Court passed an order for possession under S.12 (3) of the Act. THIS was on 25-10-1971. Within thirty days of the said order, the tenant filed I. A. 4143 of 1971 to receive what was claimed to be the admitted arrears; and I. A. 4142 of 1971 to set aside the order for possession passed on 25-10-1971. The Rent Control Court dismissed I. A. 4142 of 1971 holding that an order under S.12(3), cannot be set aside or vacated on the mere ground that the admitted arrears of rent had been deposited subsequent to the order. It declined to receive the arrears of rent tendered along with the I. A. 4143 of 1971, and accordingly dismissed the same. The appeals preferred by the tenant against these orders were dismissed by the appellate authority. On further revision, the Revisional Court, namely the District Court, Trichur, allowed the revision and set aside the orders of the Rent Control Court and of the Appellate Authority and remanded I. A. Nos. 4142 of 1971 and 4143 of 1971 back to the Rent Control Court for fresh disposal directing that the time for making deposit of the arrears of rent, will be extended by the Rent Control Court. The aggrieved landlord has preferred this revision petition.

(2.) S.11(2)(c) of the Buildings (Lease and Rent) Control Act 1965 reads:

(3.) WE reject the contention of Counsel for the respondent that S.12(3) of the Rent Control Act is discriminatory and violative of Art.14 of the Constitution for the reasons urged.