BASHARUDHIN AND ORS. Vs. KUNJIMON

JUDGEMENT

(1.) The petitioners are the tenants in R.C.P. No. 66 of 2008 on the file of the Rent Control Court, Chavakkad, a petition filed by the respondent/landlord for an order of eviction under Ss. 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as 'the Act' for short. Upon receipt of notice, the tenants entered appearance and filed a counter statement resisting the petition for eviction. After trial, the rent control court passed an order of eviction on 28.02.2013 under Ss. 11(2)(b) and 11(3) of the Act.

(2.) Challenging the order of eviction passed by the rent control court, the tenants filed R.C.A. No. 25 of 2013 on the file of the Rent Control Appellate Authority, Thrissur. The said appeal was presented on 20.05.2013. The tenant had along with the appeal filed I.A. No. 2674 of 2013 for an order staying the execution of the order of eviction passed by the rent control court. The appeal was admitted and notice ordered to the respondent/landlord on 23.05.2013. On that day, the rent control appellate authority also passed an order staying the execution of the order of eviction passed by the rent control court subject to the condition that the tenants shall deposit the sum of Rs. 35,400/ - within two months. The notices taken out in R.C.A. No. 25 of 2013 and I.A. No. 2674 of 2013 were served on the landlord by the process server deputed from the rent control appellate authority on 3.08.2013. In the notice served on the respondent/landlord, the date fixed for appearance was 13.08.2013. The respondent/landlord entered appearance through counsel on 13.08.2013. The appeal was thereupon adjourned to 31.10.2013. On that day, it was adjourned to 04.02.2014 and later to 04.04.2014.

(3.) While matters stood thus, by order No. C3 -21/14(1) dated 3.04.2014, the learned Principal District Judge, Thrissur, made over R.C.A. No. 25 of 2013 to the IVth Additional District Court, Thrissur. On 04.04.2014, there was no sitting of the Rent Control Appellate Authority, Thrissur. Consequently the appeal was re -posted to 21.07.2014. After R.C.A. No. 25 of 2013 was made over to the IVth Additional District Court, Thrissur, it was posted in that court on 21.10.2014. On that day, the landlord filed I.A. No. 3759 of 2014 under Sec. 12(3) of the Act praying for an order of eviction on the ground that the tenants have kept the rent in arrears. In the affidavit filed in support of I.A. No. 3759 of 2014, the landlord had averred that the tenants have kept rent at the rate of Rs. 600/ - per mensem in arrears from 01.07.2008, that the rent control court has found that as on 31.01.2013, the sum of Rs. 20,433/ - is due towards arrears of rent and interest and that the tenants have not so far deposited any amount towards arrears of rent. When I.A. No. 3759 of 2014 came up for consideration on 21.10.2014, the appellate authority ordered notice to the respondent returnable by 15.12.2014. On 15.12.2014 it was adjourned to 05.01.2015 for counter and hearing. On 05.01.2015, the application was adjourned to 07.01.2015. By order passed that day, the rent control appellate authority directed the tenants to deposit the arrears of rent due as on the date of the petition, namely I.A. No. 3759 of 2014 with interest, within four weeks namely on or before 05.02.2015 and to deposit the rent which subsequently accrues within a further period of three weeks. The appellate authority also directed that I.A. No. 3759 of 2014 be called on 05.02.2015 for report regarding payment or deposit of the arrears of rent. On 05.02.2015 since no payment was made, I.A. No. 3759 of 2014 was adjourned for further orders to 06.02.2015. On that day, the rent control appellate authority passed Ext. P2 order dated 06.02.2015 on I.A. No. 3759 of 2014, which reads as follows: