GOPALA PANICKER BAIJU Vs. MALLIKA D/O.RAJAMMA

JUDGEMENT

(1.) The petitioners herein are the tenants and they are the respondents in R.C(OP).No.2/2014 on the files of the Rent Controller/ Principal Munsiff Court, Neyyattinkara. The respondent herein is the landlady and she is the petitioner in the aforesaid R.C(OP). The landlady filed the aforesaid Original Petition under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (Hereinafter referred to as, 'the Act') seeking an order of eviction of the tenants herein from the petition schedule building. Subsequently, the landlady filed a petition under Section 12 of the Act, seeking an order directing the tenants to deposit the admitted arrears of rent. According to the landlady, the rent was due from 01.10.2013 @Rs.2,00,000/- for 11 months. It is also averred that the landlady and the tenants entered into a lease agreement on 07.12.2011, agreeing Rs.2,00,000/- as rent for the petition schedule shop for 11 months from 01.11.2011 and another 2 lakhs was also agreed for the subsequent 11 months, besides one lakh as the earnest money deposit for the petition schedule building. However, the landlady has received only Rs.4,00,000/- towards the rent for the period from 01.10.2011 to 01.10.2013. The rent was in arrear from 01.09.2013 till the date of filing of the petition and the total arrears of rent due from the tenants would come to Rs.5,00,000/-.

(2.) The tenants filed an objection denying the allegation that the rent was in arrears and the landlady is entitled to get Rs.5,00,000/- as arrears of rent from the tenants. According to the tenants, no amount was due from them as arrears of rent. That apart, the tenants had spent more than Rs.3,00,000/- for renovation of the building and the landlady is liable to adjust the said amount towards rent. Thus, there is no admitted arrears of rent. After considering the rival contentions, the court below passed the impugned order directing the tenants to deposit the rent that fell in arrears with effect from 01.09.2013 to 29.08.2017 with 6% interest till the date of realization @Rs.2,00,000/- per each completed 11 months from 01.09.2013. The aforesaid findings, whereby the court below allowed the application under Section 12 of the Act, are assailed in this OP(RC).

(3.) Heard the learned counsel for the tenants and the learned counsel for the landlady.