KARAPARAMBIL SIDHARTHAN Vs. KALATHINGAL HANSANKUTTY HAJI

JUDGEMENT

(1.) Revision is directed against the judgment of Rent Control Appellate Authority, Kozhikode in R.C.A. 129 of 1990. That was an appeal against the order of Rent Control Court, Kozhikode-I in I.A. 4010/ 89 in R.C.P. 158 of 1987. The second appellant before the Rent Control Appellate Authority is the revision petitioner.

(2.) The rent control petition was filed by respondents 1 to 11 against revision petitioner and respondents 12 and 13 for eviction on the ground of bona fide need for own occupation. Alleging that the tenant has failed to pay the admitted arrears the landlords moved the Rent Control Court by I.A. 4010/ 89 for an order under Section 12(3) of the Rent Control Act. After hearing both sides the Rent Control Court by order dated 20-1-1990 directed the respondents in the Rent Control Petition to pay, or deposit the entire arrears of rent till date as claimed in the petition on or before 20-2-1990 or to show cause why all further proceedings shall not be stopped and respondents directed to put the petitioners in possession of the petition schedule building. That order was challenged before the Appellate Authority. By order dated 31-5-1990 the Appellate Authority dismissed the petition on account of the failure of the appellants to comply with the requirement under Section 12(2) of the Rent Control Act. Hence the revision.

(3.) Heard counsel on both sides.