P.N. SIVADASAN Vs. P.C. ALEXANDER

JUDGEMENT

(1.) The petitioner is the tenant in R.C.P. No. 2 of 2010 on the file of the Rent Control Court, Mavelikkara, 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. The landlord had in R.C.P. No. 2 of 2010 averred that rent at the rate of Rs. 500/ - per day is in arrears from 01 -12 -2007. He had also averred that he bona fide needs the petition schedule shop room for his own occupation to start a cold -storage and ice cream parlour.

(2.) On receipt of notice, the tenant entered appearance and filed a counter statement wherein, after denying and disputing the bona fide need put forward by the landlord, he contended in paragraph 9 thereof that rent up to February, 2010 (the month in which the Rent Control Petition was filed) has been paid to the landlord. He also disputed the averment in the rent control petition that rent has been paid only up to 30 -11 -2007. He, however, did not dispute the rate of rent, viz. Rs. 500/ - per day.

(3.) While the rent control petition was pending, the landlord filed I.A. No. 124 of 2011 under Sec. 12 of the Act praying for an order directing the tenant to deposit the admitted arrears of rent which was then estimated to be Rs. 1,58,000/ - and to continue to pay the rent until the termination of the proceedings before the rent control court and to pass an order of eviction in the event of failure to deposit the arrears of rent within the time limit stipulated by the court. The tenant opposed the application by filing a written objection wherein he reiterated the stand taken in the counter statement filed in the rent control petition. Taking note of the fact that the tenant had admitted that rent has been paid only up to February, 2000 and he had thereby admitted non -payment of rent for the period thereafter, by order passed on 17 -02 -2011 on I.A. No. 124 of 2011 in R.C.P. No. 2 of 2010, the rent control court directed the tenant to deposit arrears of rent from February, 2010 till 17 -02 -2011 at the rate of Rs. 500/ - per day, within fifteen days and to continue to deposit the rent subsequently becoming due, in the rent control court on the due dates. The rent control court also directed that in the event of failure to deposit the admitted arrears of rent, the tenant will not be entitled to contest the proceedings and will be liable to be evicted forthwith under Sec. 12 of the Act.