MODY Vs. JOSE

JUDGEMENT

(1.) Respondents in this case filed an application for evicting Writ Petitioner tenant on various grounds which included grounds under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control Act, 1965). Rent Control Court rejected the application. Respondents then filed the appeal. During the pendency of the appeal, petition under S.12 was filed contending that there were arrears of rent and order was passed under S.12 for depositing the admitted arrears. The only question challenged in this Writ Petition is that the landlord has no right to file an application under S.12 when his application before the Rent Control Court was dismissed. Plain reading of S.12(l) shows that it will be applicable if tenant is contesting an application under S.11 before the Rent Control Court or appeal proceedings are initiated by the tenant under S.18 of the Act against any order on its application. Therefore an order under S.12 by the appellate authority is permissible only if tenants file an appeal under S.18 of the Act against any order passed on the application made under S.11. Hence it is clear that in an appeal proceedings against an order dismissing the eviction application, the landlord has no right to file a petition under S.12. It is true that Full Bench of this Court in Kurien v. Saramma Chacko ( 1964 KLT 1 : 1964 KHC 1 ) held that the expression 'Rent Control Court' under S.11(2)(b) includes both the appellate and revisional authorities. In S.12 it is clearly stated that an application can be filed only if landlord files a petition under S.11 and the matter is pending in the Rent Control Court or if eviction is ordered by the Rent Control court and appeal filed by the tenant is pending before the appellate authority. Jurisdiction of the Rent Control Court and Appellate Authority under S.12 are clearly mentioned in S.12 itself. There is no provision enabling the landlord to file a petition under S.12, when landlord files an appeal against an order rejecting his claim for eviction as held by the Division Bench of this Court in Mary Beena John and Another v. Addl. District Court and Others, ( 1996 (2) KLT 955 : 1996 KHC 430 ). We follow the above decision and hold that when petition for eviction is rejected by the Rent Control Court, landlord who filed the appeal cannot file a petition under S.12. Hence impugned order is set aside. Parties are free to take up all their contentions in the appeal pending before the Appellate Court. This Writ Petition is allowed.