DIVAKARAN SANAL KUMAR Vs. USHA SASIDHARAN

JUDGEMENT

(1.) The tenant, who is sought to be evicted from the premises by the respondents on the grounds of arrears of rent and subletting, is the writ petitioner. Ext.P2 common order, which is under challenge in this original petition, was passed in I.A.Nos.3194/01 and 3195/01 in R.C.P.No.11/2000 in the file of the Rent control Court, Karunagappally. I.A.No.3194/01 was filed by the petitioner to condone the delay in filing the petition to set aside the ex parte order and I.A.No.3195/01 was filed to set aside the ex parte order passed on 8.8.2001.

(2.) It is seen that the court below directed the petitioner to deposit the arrears of rent, as per order dated 5.7.2001 and granted time till 5.8.2001 to make the deposit. The payment was not made and the matter was further adjourned to 8.8.2001. On 8.8.2001 also, no payment was made and hence the petitioner/tenant was set ex parte. The matter was further adjourned to 14.8.2001, 20.9.2001 and again to 20.10.2001, when the petitioner filed the above interlocutory applications to condone the delay and to set aside the ex parte order. The applications were disposed of on 21.12.2001 dismissing them. On the same day, the court passed the order under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act [Act 2 of 1965] {hereinafter referred to as 'the Act'} directing the tenant to put the landlord in possession of the building.

(3.) It is the case of the petitioner/tenant that he was not afforded sufficient opportunity before passing the order under Section 12(3) of the Act.