SADIQUE Vs. MOHAMMED UMAIR AND OTHERS

JUDGEMENT

(1.) Challenging the concurrent findings of the Rent Control Court as well as the Rent Control Appellate Authority under Sections 12(1), 12(2) and 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'), the tenant came up with these two Revisions.

(2.) An application under Section 12 of the Act was filed by the landlords during the pendency of the Rent Control Petition claiming an amount of Rs. 45,000/- as arrears of rent, at the rate of Rs. 5,000/- per month. The tenant, in turn, filed objection disputing and denying the arrears of rent claimed by the landlords and, according to him, rent paid without default to its original owner one Hajira till the month of January, 2015. The Rent Control Court thereon considered the rival contentions and passed a detailed order dated 25.05.2015, finding that the rent is in arrears from April, 2014 onwards and thereby, allowed the application directing the respondent/ tenant to deposit the arrears of rent at the rate of Rs. 5,000/- per month from April 2014, within one month and shall continue to deposit the future monthly rent at the said rate. It was confirmed in appeal, against which R.C.R.No.147 of 2017 is preferred by the tenant. Pursuant to the order dated 25.05.2015, an order under Section 12(3) was also passed on 26.6.2015, by which the tenant was directed to put the landlords in possession of the building and stopped further proceedings in the Rent Control Petition. The said order was confirmed in appeal, against which R.C.R.No.146 of 2017 is preferred.

(3.) Section 12 of the Act is extracted below for reference.