R. SHANMUGHAN Vs. SUSEELAN

JUDGEMENT

(1.) The petitioner is the tenant in R.C.(O.P.) No. 3 of 2012 on the file of the Rent Control Court, Kollam wherein the respondent/landlord has prayed for an order of eviction under Sec. 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as "the Act" for short. The landlord had in the petition for eviction averred that he had entrusted the petition schedule building to the tenant on 1.7.2009 for a period of 11 months with a stipulation to pay Rs. 4,000/ - per month as rent. He had also admitted that the tenant had deposited the sum of Rs. 1,00,000/ - as interest free deposit. It is stated that as the tenant had committed default in payment of rent and as he bonafide needs the petition schedule building for his daughter who is depending on him, he filed R.C.(O.P.) No. 20 of 2010, that after notice in the said case was served on the tenant, he remitted Rs. 16,000/ - on two occasions and that the amount thus deposited namely Rs. 32,000/ - covers only the rent for the period till February 2010. He had further averred that though in R.C.(O.P.) No. 20 of 2010, the rent control court had entered a finding that the tenant has committed default in payment of rent from 1.8.2009 on 25.3.2010, an order of eviction under Sec. 11(3) of the Act was not passed. It is stated that challenging the order declining the prayer for eviction under Sec. 11(3) of the Act, the landlord has filed R.C.A. No. 41 of 2011 on the file of the Rent Control Appellate Authority, Kollam and it is pending. The rent control petition proceeds to state that after R.C.A. No. 41 of 2011 was filed, the tenant deposited Rs. 39,700/ - towards arrears of rent till November 2010 and that as on the date of the rent control petition namely 2.1.2012, the rent for 13 months is due. He also contended that similar rooms in the locality fetch Rs. 7,500/ - per mensem as rent and that he is entitled to rent at that rate from 31.5.2010 plus yearly increase at 10% thereafter till the building is vacated.

(2.) Upon receipt of notice, the tenant entered appearance and filed a counter statement dated 11.9.2012 wherein he contended that he has paid rent for the period till May 2011, that after the notice dated 14.11.2011 was issued, the landlord received the rent for the period from June 2011 to August 2012 with interest on 5.9.2012 and that he is not liable to pay any amount as arrears to the landlord. He further contended that rent upto August 2012 was being paid directly to the landlord and rent for the period from September 2010 to April 2011 amounting to Rs. 32,000/ - was remitted to the credit of R.C. (O.P.) No. 20 of 2010. He also contended that upon deposit of the sum of Rs. 39,658.50, the order of eviction passed under Sec. 11(2)(b) of the Act in R.C.(O.P.) No. 20 of 2010 was vacated.

(3.) After the tenant filed his counter statement in R.C.(O.P.) No. 3 of 2012, the landlord filed I.A. No. 1286 of 2013 under Sec. 151 of the Code of Civil Procedure praying for an order directing the tenant to pay rent at the rate of Rs. 4,000/ - per mensem from 31.5.2010 and to strike off his defence in the event of failure to pay arrears of rent at that rate. He had in paragraph 3 of the affidavit filed in support of the application averred that the tenant has paid rent only for the period ending with 31.5.2010 and that rent for the period thereafter has not been paid or deposited. The tenant opposed the said application by filing a counter statement dated 4.6.2013. He contended that he has paid rent till May 2011 and that the landlord refused to receive the rent from June 2011 onwards. The said contention was contrary to the stand taken by him in paragraph 5 of the objections to the rent control petition wherein he had stated that the rent for the period from June 2011 to August 2012 with interest was received by the landlord on 5.9.2012.