WILLIAMS DANIEL Vs. JOSE

JUDGEMENT

(1.) Whether the expression "arrears of rent admitted" in Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act’) could be interpreted to include the fair rent fixed in a rent control proceeding under Section 5(1) of the Act also, apart from the contractual rent agreed to between the parties, is the short question that arises for consideration in this proceeding.

(2.) This question was answered in the negative by the Rent Control Appellate Authority, Thrissur in R.C.A. No. 59 of 2012, accepting the tenant's contention that admitted arrears of rent could only mean contractual rent agreed to between parties. Consequently, I.A. No. 4801 of 2018 filed by the tenant, seeking permission to deposit arrears of contractual rent in purported compliance with an earlier order dated 14.8.2018 passed by the Rent Control Appellate Authority, Thrissur under Section 12(3) of the Act in I.A. No. 761 of 2018 was allowed and the liability of the tenant was declared as discharged. On the same day, I.A. No. 4637 of 2018 again filed by the landlord for initiating summary eviction under Section 12(3) for non deposit of arrears of fair rent as directed, was also dismissed.

(3.) Both the orders of the Rent Control Appellate Authority are under challenge in this proceedings instituted by the landlord.