Kerala High Court

Janardhanan K.K vs Atees Informedia Pvt Ltd on 26 August, 2021

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
               THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
                                        &
                    THE HONOURABLE MR.JUSTICE K. BABU
        THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                           O.P.(RC)NO.80 OF 2021
  In R.C.P.NO.34 OF 2020 ON THE FILE OF THE RENT CONTROKL COURT (I
                      ADDITIONAL MUNSIFF), THRISSUR
PETITIONERS:

    1       JANARDHAN K.K., AGED 70 YEARS
            S/O.KUMARAN, KANDAMPULLY HOUSE, PUNKUNNAM P.O.,
            THRISSUR DISTRICT - 680 002.
    2       SHEELA JANARDHANNAN, AGED 68 YEARS
            W/O.JANARDHAN K.K., KANDAMPULLY HOUSE, PUNKUNNAM P.O.,
            THRISSUR DISTRICT - 680 002.
            BY ADV MAHESH V.MENON


RESPONDENTS:

    1       ATEES INFORMEDIA PVT LTD.
            2ND FLOOR, ANANYA TOWER, M.G.ROAD, THRISSUR,
            KERALA - 680 001 REPRESENTED BY THE MANAGING DIRECTOR.
    2       NAEEM IBRAHIM, AGED 43 YEARS
            S/O.IBRAHIMKUTTY, MANAGING DIRECTOR,
            ATEES INFORMEDIA PVT.LTD., 2ND FLOOR,
            ANANYA TOWER, M.G.ROAD, THRISSUR - 680 001.
    3       ANEESH, AGED 32 YEARS
            DIRECTOR, ATEES INFORMEDIA PVT.LTD., 2ND FLOOR,
            ANANYA TOWER, M.G.ROAD, THRISSUR - 680 001.
     THIS   OP    (RENT   CONTROL)    HAVING   COME   UP   FOR   ADMISSION   ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(RC) No.80 of 2021
                                       2

                               JUDGMENT

Anil K. Narendran, J.

The petitioners have filed R.C.P.No.34 of 2020 on the file of

the Rent Control Court (I Additional Munsiff), Thrissur, under

Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and

Rent Control) Act, 1965, seeking eviction of the respondents-

tenants from the petition schedule building (2 nd floor of Ananaya

Towers). During the pendency of that Rent Control Petition, the

petitioners-landlords have filed I.A No.2 of 2020, an application

under Section 12 of the Act, seeking an order directing the tenants

to deposit the admitted arrears of rent amounting to

Rs.58,37,120/- and in default to stop all further proceedings in the

Rent Control Petition and direct the tenants to put the landlords in

possession of the petition schedule building. In that application,

respondents 1 and 3 have filed objections raising various

contentions. The petitioners have filed this original petition, under

Article 227 of the Constitution of India, seeking time bound

consideration of I.A.No.2 of 2020 in R.C.P.No.34 of 2020.

2. On 11.08.2021, when this original petition came up for

admission, this Court issued urgent notice on admission by speed

post to the respondents, returnable by 26.08.2021. Registry was

directed to call for a report from the Rent Control Court, Thrissur, OP(RC) No.80 of 2021

as to the present status of I.A.No.2 of 2020 in R.C.P.No.34 of 2020

and also the time limit required for its final disposal. Pursuant to

that order, Registry has obtained a report dated 14.08.2021 of the

learned Munsiff.

3. Heard Sri.Mahesh V. Menon, the learned counsel for the

petitioners-landlords and also Sri.Abraham Mathan, the learned

counsel, who entered appearance for the respondents-tenants.

4. The relief sought for in this original petition filed under

Article 227 of the Constitution of India is time bound consideration

of I.A.No.2 of 2020 in R.C.P.No.34 of 2020 filed by the landlords,

which is one filed under Section 12 of the Act.

5. Section 12 of the Act deals with payment or deposit of

rent during the pendency of proceedings for eviction. As per sub-

section (1) of Section 12, no tenant against whom an application

for eviction has been made by a landlord under Section 11, shall

be entitled to contest the application before the Rent Control Court

under that Section, or to prefer an appeal under Section 18 against

any order made by the Rent Control Court on the application,

unless he has paid or pays to the landlord, or deposits with the

Rent Control Court or the Appellate Authority, as the case may be,

all arrears of rent admitted by the tenant to be due in respect of OP(RC) No.80 of 2021

the building up to the date of payment or deposit, and continues to

pay or to deposit any rent which may subsequently become due in

respect of the building, until the termination of the proceedings

before the Rent Control Court or the Appellate Authority, as the

case may be. As per sub-section (2) of Section 12, the deposit

under sub-section (1) shall be made within such time as the court

may fix and in such manner as may be prescribed and shall be

accompanied by the fee prescribed for the service of notice

referred to in sub-section (4). As per the proviso to sub-section

(2), the time fixed by the court for the deposit of the arrears of

rent shall not be less than four weeks from the date of the order

and the time fixed for the deposit of rent which subsequently

accrues due shall not be less than two weeks from the date on

which the rent becomes due.

6. As per sub-section (3) of Section 12 of the Act, if any

tenant fails to pay or to deposit the rent as aforesaid, the Rent

Control Court or the Appellate Authority, as the case may be, shall,

unless the tenant shows sufficient cause to the contrary, stop all

further proceedings and make an order directing the tenant to put

the landlord in possession of the building. As per sub-section (4) of

Section 12, when any deposit is made under sub-section (1), the OP(RC) No.80 of 2021

Rent Control Court or the Appellate Authority, as the case may be,

shall cause notice of the deposit to be served on the landlord in the

prescribed manner, and the amount deposited may, subject to

such conditions as may be prescribed, be withdrawn by the

landlord on application made by him to the Rent Control Court or

the Appellate Authority in that behalf.

7. The learned counsel for the petitioners would point out

that the petitioners-landlords are senior citizens aged 70 and 68

years respectively. The arrears of rent claimed in I.A.No.2 of 2020

in R.C.P.No.34 of 2020 comes to Rs.58,37,120/-. Therefore, a time

bound disposal of I.A.No.2 of 2020 is highly essential.

8. The learned counsel for the respondents would submit

that the respondents-tenants have already filed objections in

I.A.No.2 of 2020 in R.C.P.No.34 of 2020 raising appropriate

contentions. They have no objection for the time bound

consideration and disposal of that application by the Rent Control

Court.

9. During the course of arguments, it is pointed out by the

learned counsel on both sides that, I.A.No.2 of 2020 in R.C.P.No.34

of 2020 is listed tomorrow (27.08.2021) before the Rent Control

Court.

OP(RC) No.80 of 2021

10. Having considered the submissions made by the learned

counsel on both sides, this original petition is disposed of by

directing the Rent Control Court (I Additional Munsiff), Thrissur, to

consider and pass appropriate orders on I.A.No.2 of 2020 in

R.C.P.No.34 of 2020, as expeditiously as possible, at any rate,

within a period of two months from the date of production of a

certified copy of this judgment.

The legal and factual contentions raised by both sides are left

open to be raised before the Rent Control Court, at the appropriate

stage.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE KAS OP(RC) No.80 of 2021

APPENDIX OF OP (RC) 80/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RCP NO.34/2020 ON THE FILES OF THE RENT CONTROL COURT, THRISSUR DATED 03/06/2020.

Exhibit P2 A TRUE COPY OF IA NO.2/2020 BEFORE THE RENT CONTROL COURT, THRISSUR DATED 11/09/2020.

Exhibit P3 A TRUE COPY OF COUNTER FILED BY THE RESPONDENTS HERE IN IA NO.2/2020 IN RCP NO.34/2020 ON THE FILES OF THE RENT CONTROL COURT, THRISSUR DATED 21/01/2021. Exhibit P4 A TRUE COPY OF CASE DETAILS OF RCP NO.34/2020 ON THE FILES OF RENT CONTROL COURT, THRISSUR TAKEN FROM E COURTS PROCEEDINGS.