NAJEEB Vs. AJITHA LUKE

JUDGEMENT

(1.) The petitioner is the tenant in R.C.P.No.21 of 2014 on the file of the Rent Control Court, Perumbavoor, a petition filed by the respondent/landlord for an order of eviction under sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as "the Act" for short.

(2.) After the tenant entered appearance and filed his counter statement, the landlord filed I.A.No.1459 of 2015 under section 12 of the Act. On that application, the rent control court passed Ext.P1 order whereby it directed the tenant to deposit the sum of 2,20,000/ - being the admitted arrears of rent within one month from 22.8.2015. The tenant did not deposit the sum of 2,20,000/ -. He deposited only a portion thereof namely the sum of 66,000/ -. The landlord thereupon filed I.A.No.1687 of 2015 to depute an Amin for the purpose of evicting the tenant. The tenant in turn filed I.A.No.1726 of 2015 for enlargement of time to deposit the admitted arrears. By Ext.P4 order passed on 22.9.2015 the rent control court dismissed I.A.No.1726 of 2015. By Ext.P5 order passed on the same day, the rent control court allowed I.A.No.1687 of 2015 and ordered eviction of the tenant on 26.9.2015. Exts.P4 and P5 orders are under challenge in this original petition filed under Article 227 of the Constitution of India.

(3.) This original petition was admitted and an interim order was passed on 29.9.2015 staying the operation of Ext.P5 order passed by the rent control court on 22.9.2015 on I.A.No.1687 of 2015 in R.C.P.No.21 of 2014 for a period of one month. The said order was later extended on 30.10.2015 by a further period of one month. When the original petition came up for hearing today, learned counsel on both sides submitted that after the original petition was filed, the tenant has deposited the entire sum of 2,20,000/ -. Learned counsel appearing for the tenant also submitted that the arrears of rent that has fallen due after the period of ten months to which the deposit of the sum of 2,20,000/ - relates, will be deposited within a further period of one month from today. Learned counsel appearing for the tenant also submitted that having regard to the deposit of the sum of 2,20,000/ - made by the tenant and the undertaking now made and given by the tenant that the balance arrears of rent will be deposited within one month from today, the impugned orders may be set aside and the rent control court may be directed to dispose of the rent control petition on the merits expeditiously.