SAJURAJ Vs. THOMAS GEORGE MUTHOOT

JUDGEMENT

(1.) The revision petitioner is the tenant, who is confronting with a summary order of eviction passed under Section 12(3) of the Kerala Buildings(Lease and Rent Control) Act, 1965(hereinafter referred to as 'the Act'). According to the 1st respondent/landlord, the rent was in arrear from January, 2016 onwards. Now, the total arrears of rent would come to 17,32,500/-. That apart, the rent control petition was filed on 25.07.2016 and no amount was paid towards rent after the institution of the rent control petition. In the above context, the 1 st respondent/landlord filed I.A.No.7525 of 2017 before the Rent Control Court, seeking a direction to deposit the entire arrears of rent, which has become due before and after the institution of the rent control petition till 04.11.2017, the date of filing of the rent control petition. Further, the 1 st respondent/landlord prayed for a summary order of eviction, in case, the revision petitioner fails to deposit the said amount, within the specified time.

(2.) The revision petitioner herein filed a counter-statement, disputing the rate of rent. According to him, there was no fixation of rent between the landlord and tenant, concerning the petition schedule building and he is not liable to pay rent to the landlord, since the landlord did not provide the required consent letter and tax receipts to the revision petitioner, in order to apply for obtaining licence from the Cochin Corporation for starting his business. In the counter-statement filed in the rent control petition, the revision petitioner himself has admitted that, as per the agreed terms with the prior owners, the rent was fixed at 75,000/- with 5% increase every year from July 2014. With the aforesaid contention, the revision petitioner prayed for dismissal of the petition.

(3.) After considering the contentions raised in the counter-statement, the Rent Control Court passed an order, directing the revision petitioner to pay the arrears of rent accrued from 25.07.2016, the date of institution of the rent control petition, to the 1st respondent/landlord, within 30 days from the date of order and the revision petitioner shall continue to pay rent which subsequently accrues due within 15 days from the date on which the rent becomes due. After passing of the aforesaid order, the rent control petition was posted for depositing the aforesaid amount. But, the revision petitioner has not deposited the amount within one month. Consequently, the Rent Control Court passed the order dated 14.03.2018, directing the revision petitioner to put the 1st respondent/landlord in vacant possession of the building forthwith, on the ground that the revision petitioner failed to show sufficient cause against the non-compliance of the earlier order dated 31.01.2018.