GANGADHARA G RAO Vs. SIDHARTHA PANIKER

JUDGEMENT

(1.) This Original Petition is in challenge of Ext. P7 order passed by a District Judge in exercise of revisional powers under S 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') by which the District Judge remanded the case to the Rent Control Court for fresh disposal of an application filed under S.11(2)(c) of the Act.

(2.) The facts are, it short, these: A landlord filed an application for eviction on the ground of arrears of rent. The application was allowed and an order of eviction was passed on the said ground. The matter was taken up in appeal, without success and it was again taken up before the District Court ia revision. While dismissing the application for revision, the District Court disallowed the prayer made by the tenant for granting further time to deposit. The order of the District Judge is dated 18-9-1982 and a copy of it is marked as Ext. P3 Within one month from the date of Ext. P3 order, the tenant deposited the entire arrears of rent together with interest and cost and filed en application (I.A. 898/82) before the Rent Control Court praying for vacation of the order. Rent Control Court dismissed the application on the sole ground that the District Court had earlier refused to grant further tine to deposit the arrears of rent. The Appellate Authority concurred with the said reasoning and dismissed the appeal. But the District Court made the observation that the remedy available to the tenant under S.11(2)(c) of the Act is one in addition to the right to pay or tender rent. Hence the District Judge remanded the application to the Rent Control Court with a direction to consider it afresh.

(3.) Learned counsel for the petitioner contended that when once the court disallows further time for making deposit of arrears of rent, the tenant forfeits his right to have the eviction order vacated under S.11(2)(c) of the Act.