LAWS(KER)-2006-9-40

K P KURUVILA Vs. SAINABHA SALEH

Decided On September 01, 2006
K.P. KURUVILA Appellant
V/S
SAINABHA SALEH Respondents

JUDGEMENT

(1.) Can the tenant of a building claim set off or adjustment of certain payments allegedly due from the landlord towards the rent payable by him, while making deposit of the admitted arrears as envisaged under Section 12 of the Kerala Buildings (Lease & Rent Control) Act, 1965 The Rent Control Authorities answered the question in the negative. Hence, this Revision Petition under Section 20 of the Act.

(2.) Essential facts may be briefly noticed.

(3.) The respondent/landlord initiated eviction proceedings against the petitioners under Section 11(2)(b) and 11(4)(ii) of the Act. The landlord alleged that the petitioners' tenants had kept the rent of the building in arrears from July 2000 onwards.