SHAJI Vs. SIVASUBRAMONI

JUDGEMENT

(1.) The petitioner is the respondent in Rent Control Petition No.9 of 2015 on the files of the Additional Munsiff's Court (RCC), Thiruvananthapuram. The respondent is the petitioner, who filed the aforesaid Rent Control Petition, seeking an order of eviction under Section 11(3) and 11(4)(iv) of the Kerala Buildings(Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). During the pendency of the said rent control petition, the respondent filed a petition under Section 12 of the Act, seeking a direction to the petitioner herein, to deposit the arrears of rent and to continue to make payment of rent, without default. After considering the objection raised by the petitioner, the Rent Control Court passed the impugned order, directing the petitioner to deposit the arrears of rent from 01.02.2015, till the month of July, 2018 at the rate of Rs. 8,500/- on or before 04.09.2018 and he shall continue to pay or deposit the monthly rent which may subsequently fell due with respect to the petition schedule building until the termination of the proceedings in the rent control petition. The legality and correctness of the aforesaid direction is challenged in this O.P.(RC).

(2.) Heard the learned counsel for the petitioner.

(3.) The landlord-tenant relationship is not disputed. Similarly, the rate of rent was also admitted. After considering the materials on record, the court below found that the rate of rent was Rs. 8,500/- per month. Similarly, it was found that no rent was paid by the petitioner after 31.01.2015. Therefore, the Rent Control Court is justified in finding that the rent was in arrear from 31.01.2015. We do not find any reason to interfere with the aforesaid findings.