DEVASAHAYAM P. Vs. G. SUDHAKARAN NAIR

JUDGEMENT

(1.) The revision petitioner is the respondent in RCP No. 47/2010 of the Additional Rent Control Court, Thiruvananthapuram (The parties are referred to as in the Rent Control Petition). The petitioner filed the above RCP under Sec. 11 (2)(b) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act) claiming an order of eviction on the ground that rent was in arrear from 7.7.2005 at the rate of Rs. 800.00 per month. He sent Ext A2 statutory notice on 3.5.2010, but the respondent has not paid arrears of rent as claimed by the petitioner and sent Ext A3 reply notice dated 17.5.2010 stating that he has deposited rent up to Dec. 2009 at the rate of Rs. 400.00 per month. On the failure to pay rent as claimed in Ext A2 notice, the petitioner had preferred the aforesaid RCP claiming an order of eviction under Sec. 11 (2)(b) of the Act.

(2.) After considering the evidence on record, the Rent Control Court dismissed the Rent Control Petition on a finding that the Rent Control Petition was a premature one and the petitioner is not entitled to get interest for the arrears in the absence of a provision for interest for arrears of rent in the lease agreement. In appeal, the appellate authority reversed the said findings and passed order of eviction under Sec. 11 (2) (b) of the Act. Thus, the legality and propriety of the divergent findings under Sec. 11 (2)(b) have come up in revision.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.