Kerala High Court
Attukal Devi Institute Of Medical ... vs Attukal Devi Institute Of Medical ... on 11 January, 2021
RCRev..No.177 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
RCRev..No.177 OF 2020
AGAINST THE JUDGMENT IN RCA 29/2017 OF III ADDITIONAL DISTRICT
COURT, TRIVANDRUM
REVISION PETITIONER/APPELLANT/RESPONDENT:
ATTUKAL DEVI INSTITUTE OF MEDICAL SCIENCES LIMITED
ATTUKAL, MANACAUD P.O., THIRUVANANTHAPURAM,
PIN-695009, REPRESENTED BY DR.D.M.VASUDEVAN,
CHAIRMAN AND MANAGING DIRECTOR.
BY ADVS.
SRI.M.RAJENDRAN NAIR (THONNALLOOR)
SRI.SREEJITH R.NAIR
SMT.JESSY S.SALIM
RESPONDENT/RESPONDENT/PETITIONER:
ATTUKAL BHAGAVATHY TEMPLE TRUST,
P.B. NO.5805, ATTUKAL, MANACAUD P.O.,
THIRUVANANTHAPURAM-695009,
REPRESENTED BY THE SECRETARY.
R1 BY ADV. SRI.D.KISHORE
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RCRev..No.177 OF 2020 2
O R D E R
Dated this the 11th day of January 2021
This revision is filed by the respondent in R.C.P No.15/2016
on the file of the Rent Controller, Thiruvananthapuram. The
respondent herein is the petitioner in the above rent control
petition. The above petition was filed by the respondent herein
for eviction under Section 11(2)(b) of the Kerala Building (Lease
and Rent Control) Act (for short 'the Act').
2. Pending the above petition, respondent filed I.A
No.7799/16 under Section 12(1) of the Act to direct the
petitioner to deposit the admitted arrears of rent. The petitioner
filed a statement of objection contending inter alia that the
maximum rent that could have been fixed in the year 2008 was
only Rs.3/- per Sq.feet and the rent would come to only
Rs.1,44,833/-. After hearing both sides, the Rent Controller
passed an order under Section 12(1) of the Act directing the
petitioner/tenant to deposit the admitted arrears of rent within
30 days from 16.11.2016. The petitioner/tenant did not deposit
the rent within the said period. Thereafter, on 17.12.2016 the
petitioner/tenant filed an application as I.A. No.11231/2016 for
extension of time for filing an application for review and on
3.1.2017 he filed an application as I.A.No.74/2017 to review the
order in I.A.No.7799/2016. The application for review was
dismissed on 14.2.2017. Thereupon on 16.2.2017 the
petitioner/tenant filed another application as I.A No.1287/2017
for extension of time for depositing the admitted arrears of rent
on the ground that the order in I.A. No.7799/2016 obtained
finality only on the date of dismissal of the application for review.
The said application was dismissed on 27.7.2017. Subsequently,
an order was passed under Section 12(3) of the Act based on the
finding that the petitioner/tenant had failed to show cause and
directed the petitioner/tenant to put the landlord in possession of
the tenanted premises.
3. Aggrieved by the above order, an appeal was filed
before the appellate authority. The Additional District Judge III,
Thiruvananthapuram considered the appeal. After hearing both
sides, the appeal was dismissed as per order dated 16.12.2019 in
R.C.A No.29/2017. Aggrieved by the above, this revision is filed.
4. Heard the learned counsel for the petitioner and the
respondent.
5. When this revision came up for consideration, this
Court passed an interim order on 2.12.2020, which is extracted
hereunder:
"Heard Adv.M.Rajendran Nair and Adv.D.Kishore for
parties.
2. Our attention is invited to the admitted amount
payable by the tenant and default committed by the tenant
even in paying the admitted amount, dues work out to
Rs.54,16,755/-. The Advocate for revision petitioner does
not dispute the due amount, but requests two weeks time to
deposit the amount.
3. The Advocate for respondent does not seriously
oppose the time now sought for by the tenant for depositing
the dues, however, requests the Court to permit the
respondent herein to receive the said amount without
prejudice to the rights and contentions of the landlord in
this behalf and that the tenant continues to pay rent at
Rs.1,44,833/- every month.
4. We have perused the various orders passed by the Rent
Control Appellate Authority etc. in several interlocutory
applications. Keeping in view the request made by the
Advocate for petitioner and the present circumstances the
Hospital is rendering services to patients, we are persuaded
to grant the time as prayed for by the tenant. Hence the
following order:
a) The petitioner is granted two weeks time from
today to deposit Rs.54,16,755/- and that the petitioner
continues to pay the rent agreed for the present at
Rs.1,44,833/- on or before 10th of every succeeding month
commencing from 10.1.2021.
The landlord/respondent is permitted to withdraw the
amount deposited by the tenant without furnishing security
and without prejudice to the rights and contentions, the
respondent/landlord has in this behalf
Post on 07.01.2021.
Subject to the above conditions, there shall be interim
stay of eviction of petitioner for one month from today, and
further subject to petitioner complying with the first
condition and continuing to comply with the other condition
of depositing rent regularly, the interim order shall continue
during the pendency of the revision petition."
6. Today, when the above revision came up for
consideration, the learned counsel for the petitioner submitted
that as directed by this Court, the arrears of rent is already
deposited, and the petitioner is paying the monthly rent at the
rate of Rs.1,44,833/-. In the light of the above submission, it is
clear that the admitted arrears is already paid by the petitioner.
The respondent also conceded the same. Both sides submitted
that the impugned orders can be set aside, and there can be a
direction to the Rent Control Court to dispose of the main
petition expeditiously. Therefore, this Rent Control Revision is
allowed.
I) The order dated 27.2.2017 in R.C.P No.15/2016 of
the Rent Controller, Thiruvananthapuram, and the order
dated 16.12.2019 in R.C.A No.29/2017 of the Rent
Control Appellate Authority(Additional District Judge III,
Thiruvananthapuram) are set aside.
II) The petitioner will continue to pay the admitted rent
of Rs.1,44,833/- every month till the disposal of the above
rent control petition.
III) All contentions of the parties are left open.
IV) The Rent Controller will dispose R.C.P No.15/2016 as
expeditiously as possible, at any rate, within six months
from the date of receipt of a copy of this judgment.
Sd/-
A.HARIPRASAD
JUDGE
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ab
