THE CITY Vs. E.V. LUQUMAN

JUDGEMENT

(1.) The tenants in R.C.P. No.83 of 2010 on the file of the Rent Control Court, Kozhikode have filed this revision petition under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act" for short) challenging the order passed by the rent control court under Section 12(3) of the Act and the judgment delivered by the Rent Control Appellate Authority, Kozhikode on 12.12.2017 in R.C.A.No.33 of 2013 affirming the said order. The brief facts of the case are as follows:

(2.) The respondents/landlords instituted R.C.P. No.83 of 2010 seeking eviction of a commercial building from the tenants (the petitioners herein) under Sections 11(2)(b) and 11(4)(i) of the Act. They had inter alia averred in the rent control petition that the tenants have kept the rent in arrears ever since 1.8.2009 and have sublet the tenanted premises without their consent and knowledge. After the tenants entered appearance and filed their objections, the landlords filed I.A.No.4138 of 2010 under Section 12(1) of the Act and prayed for an order directing the tenants to deposit the admitted arrears of rent. In the affidavit filed in support of the said application, the landlords had averred that the tenants have kept rent at the rate of Rs. 33,300/- per mensem in arrears from 1.8.2009 and that as on the date of the application, the sum of Rs. 4,99,500/- was due.

(3.) The tenants filed a counter affidavit resisting the application wherein they admitted the fact that the rent is in arrears ever since August 2010. After considering the rival contentions, the rent control court passed the following order on 11.1.2011 on I.A.No.4138 of 2010: