GOPALAKRISHNA PILLAI Vs. PHILIPOSE ABRAHAM

JUDGEMENT

(1.) The tenant against whom the authorities below granted an order of eviction on the ground of rent arrears is the revision petitioner. Eviction was sought on the ground of arrears of rent and bona fide need for own occupation. The Rent Control Court disallowed the relief on the ground of bona fide need but directed the tenant to surrender possession on the ground of arrears of rent. Both parties filed appeals before the Rent Control Appellate Authority, Kottayam. By a common judgment rendered on 27-8-1993 both the appeals were dismissed. The tenant has come up in revision.

(2.) The main grievance of revision petitioner is that the arrears of rent having been discharged during the pendency of the appeal the relief under S.11(2)(b) of the Act does not survive and the Appellate Authority has committed an illegality in directing the tenant to put the landlord in possession of the building. It is contended that the Appellate Authority should have determined the arrears of rent due to the landlord and ascertained whether the tenant was a defaulter after taking note of the amounts paid during the pendency of the proceeding. If that is done, the tenant cannot be said to be a defaulter, according to counsel, since the entire arrears of rent including interest had been paid by the tenant. We cannot agree with this contention. S.11(2)(b) of the Rent Control Act does not enjoin a duty either on the Rent Control Court or the appellate authority to determine the arrears of rent due at the time of the order of the Rent Control Court or the judgment in appeal.

(3.) To understand the legal position it is only proper to refer to S.11(2)(b) of the Act which reads: "If the Rent Control Court, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that the tenant has not paid or tendered the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable, it shall make an order directing the tenant to put the landlord in possession of the building, and if it is not satisfied it shall make an order rejecting the application thereof by him".