J.RAMKUMAR Vs. ASHOK JACOB, PADIPURACKAL HOUSE

JUDGEMENT

(1.) The petitioner is the tenant, who filed R.C.A.No. 4 of 2017 before the Rent Control Control Appellate Authority, Mavelikkara challenging the summary order of eviction passed against him under Sec. 12(3) of the Kerala Buildings Lease and Rent Control) Act, 1965 ('the Act' for brevity) in R.C.P. No. 4 of 2015. The said RCP was filed against him seeking an order of eviction under Sections 11(2) and 11(3) of the Act.

(2.) This is the second round of litigation on an application filed under Sec. 12 of the Act and the case has a chequered history. The respondent/landlord has filed I.A. No. 2111 of 2015 in R.C.P. No. 4 of 2015 under Sec. 12 of the Act seeking an order directing the petitioner to deposit the admitted arrears of rent. The petitioner filed an objection denying the liability to deposit the admitted arrears contending that in view of lease agreement and the financial transaction between the petitioner and the respondent, he is not entitled to deposit the admitted arrears. After considering the rival pleas, the Rent Control Court dismissed the application. Feeling aggrieved, the respondent/landlord filed R.C.A.No. 2 of 2016 before the Rent Control Appellate Authority, Mavelikkara. The Appellate Authority set aside the order passed by the Rent Control Court in I.A. No. 2111 of 2015 and passed an order directing him to deposit the admitted arrears of rent within one month from 23.01.2017 in the Rent Control Court. The petitioner did not deposit the admitted arrears within one month in compliance with the said direction and the case was posted to 22.02.2017. But, he did not deposit the amount on that day; instead, he had filed an application seeking permission to deposit the admitted arrears of rent in instalments and thereafter, the case was again adjourned to 15.03.2017. Then also, the payment as directed by the appellate authority was not made. That apart, he did not state any sufficient cause for the non-payment, as contemplated under Sec. 12(3) of the Act. The petition seeking permission for depositing the amount in instalments was also dismissed by a separate order dated 20.03.2017. Thus, more than two months have been elapsed after the expiry of one month provided for depositing the admitted arrears of rent. On 08.04.2017, the petitioner filed R.C.R No. 215 of 2017 before this Court challenging the order passed under Sec. 12 of the Act by the Appellate Authority in R.C.A. No. 2 of 2016. This Court, after considering the rival submissions, set aside the order passed by the Appellate Authority under Sec. 12 of the Act in R.C.A. No. 2 of 2016 on 19.07.2017 and confirmed the order passed by the Rent Control Court dismissing the application under Sec. 12 of the Act. Feeling aggrieved, the respondent preferred Special Leave Petition before the Supreme Court. The Supreme Court granted leave and allowed the appeal on 18.05.2018 restoring the judgment passed by the Appellate Authority in RCA No. 2 of 2016.

(3.) In the mean time, the petitioner filed R.C.A No. 4 of 2018 before the Rent Control Appellate Authority, Mavelikkara challenging the summary order of eviction passed by the Rent Control Court, Chengannur in R.C.P. No. 4 of 2015 under Sec. 12(3) of the Act. After the disposal of the Civil Appeal by the Supreme Court, the petitioner filed the present I.A. No. 363 of 2018 in the R.C.A. No. 2 of 2016 seeking an order to allow him to deposit the admitted arrears of rent of Rs.25,78,968.00 The appellate authority dismissed the said application and the same is under challenge in this O.P.(RC).