PATHUMMA BEEVI Vs. LONAPPAN

JUDGEMENT

(1.) THE revision petitioner is the landlord-petitioner in proceedings for eviction pending before the Rent Controller. Trichur. THE order of the Revisional Authority setting aside the order u/s. 12 (3) confirmed in appeal is under attack in this revision.

(2.) THE District Judge in setting aside the order has directed the Rent Control Court to adjudicate afresh on the applicability of s. 12 (3) after giving a proper opportunity to the revision petitioner to show cause or to deposit the arrears that the Rent Controller finds as due at that time. with the reservation that if no deposit is made or if no proper cause is shown within the time to be given by the Rent Control Court . the order shall revive.

(3.) UNDER S. 12 of the Act. the tenant shall be entitled to contest the application only if he pays to the landlord or deposits in court all arrears of rent admitted by the tenant up to the date of payment or deposit. and continues to pay or to deposit any rent which may subsequently become due until the termination of the proceedings. The deposit is to be made within such time as the court may fix and in such manner as prescribed. The court in fixing the time for deposit has to allow not less than four weeks from the date of the order for the deposit of arrears of rent and not less than two weeks from the date on which the subsequent rent accrues due.