GAYATHRIDEVI Vs. THULASIBAI

JUDGEMENT

(1.) The revision petitioner tenant challenges an order of the Rent Control Appellate Authority under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act" for short). The respondent landlady had filed RCP.No.11 of 2007 before the Rent Control Court, Kayamkulam, seeking an order of eviction against the tenant alleging grounds under Section 11(2)(b), 11(3) and 11(4)(v) of the Act. The petition was resisted by the tenant. The matter was tried and the Rent Control Petition was dismissed by the Court. The respondent landlady challenged the order of the Rent Control Court in Rent Control Appeal No.1 of 2012 before the Rent Control Appellate Authority , Mavelikara.

(2.) During the pendency of the appeal, the landlady filed a petition under Section 12(1) of the Act for a direction to the tenant to deposit the rent in respect of the tenanted premises. On 23.06.2012, the Appellate Authority passed an order directing the tenant to comply with Section 12(1). The matter was then posted to 10.07.2012. Since the rent was not paid, the Appellate Authority directed the respondent to file a statement regarding the arrears on the said date. On 13.07.2012, when the case was called, the petitioner tenant wanted to file a counter statement. The case was adjourned to 28.07.2012 and was thereafter posted for hearing to 30.07.2012. On the said date, the petitioner tenant sought time for filing objections to the statement filed by the landlady. Time was granted. On 06.08.2012, the tenant filed a counter statement denying the liability to pay arrears of rent. On 11.02.2013, the Appellate Authority passed an order under Section 12(3). Thereafter, the order was made final on 04.03.2013. This revision is filed challenging the said order of the Appellate Authority.

(3.) After this revision was admitted, a direction was issued on 09.01.2014 for payment of the admitted arrears of rent amounting to 40,000/-. It is not in dispute that the said amount has been paid.