P.N.UNNIKRISHNAN Vs. K.X.JOHN VICTOR

JUDGEMENT

(1.) In this revision filed under Sec. 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act") by the tenant, we are called upon to decide the legality of an order passed under Sec. 12(3) of the Act.

(2.) In R.C.P. No. 134/2021, the landlord sought eviction of the tenant on the grounds of arrears of rent, bona fide requirement, and cessation of occupation. During the pendency of the proceedings, the landlord filed I.A. No.3/2021 before the Rent Control Court, Ernakulam, seeking a direction to the tenant to deposit arrears of rent up to 05/10/2021, along with the arrears towards TDS. The said application, filed on 25/10/2021, was resisted by the tenant. The tenant contended that he was unable to clear the arrears due to the adverse impact of the COVID-19 pandemic and, further, owing to acts of interference on the part of the landlord. It was specifically alleged that the landlord had locked the premises, disconnected the electricity supply, and cut off the water connection, thereby rendering it impossible for the tenant to run his business.

(3.) The Rent Controller, however, passed an order on 10/06/2022 in I.A.No.3/2021 in R.C.P. No. 134/2021, directing the tenant to pay the rent arrears from 01/07/2020 to 01/08/2021, excluding the rent paid for the months of October 2020 and March 2021, and further directing them to remit the rent from September 2021 onwards. There was also a direction to remit the rent subsequently fallen due, within 15 days from the date of the order till the culmination of the rent control proceedings. The rate of rent payable was Rs.1,20,000.00 per month.