Premanand vs Mayaveeran.V
2021 Latest Caselaw 22340 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                    OP (RC) NO. 112 OF 2021
 SPEEDY DISPOSAL OF R.C.P No.78 OF 2018 AND I.A.No.9986 OF
2018 IN R.C.P.No.78 of 2018 ON THE FILE OF THE RENT CONTROL
               COURT(MUNSIFF), THIRUVANANTHAPURAM
PETITIONER:

         PREMANAND,
         AGED 60 YEARS
         S/O. SUKUMARAN, RESIDING AT "MAVARA VEEDU",
         10 ESTATE WARD, PAPPANAMCODE, NEMOM VILLAGE,
         THIRUVANANTHAPURAM 695 020.
         BY ADVS.
         G.RAJEEV
         REJITH RAJENDRAN
         BINCY JOB
         AJITH KUMAR.S

RESPONDENTS:

    1    MAYAVEERAN.V.,
         AGED 35 YEARS
         S/O. VELUSWAMI, RESIDING AT 29/693, SUDHARMA
         KOOTTOOLI, KUTHIRAVATTOM, KOZHIKODE DISTRICT,
         KERALA - 673 016.
    2    SANAL KUMAR,
         AGED 47 YEARS
         S/O. KESAVAN SAHADEVAN, RESIDING AT VANIYAKKUDI
         VARUVILAKATHU PUTHENVEEDU, KALLIYOOR, VELLAYANI,
         NEMOM P.O., THIRUVANANTHAPURAM 695 020.

     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                  2
OP (RC) NO. 112 OF 2021


                       JUDGMENT

Anil K. Narendran, J

The petitioner has filed this Original Petition under Article

227 of the Constitution of India seeking an order directing the

Rent Control Court (Munsiff), Thiruvananthapuram, to dispose of

R.C.P.No.78 of 2018 within a period of three months. The

petitioner, who is the landlord of the petition schedule building

in R.C.P.No.78 of 2018 has filed that Rent Control Petition, under

Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings

(Lease and Rent Control) Act, 1965, seeking eviction of the 1 st

respondent herein - tenant and 2nd respondent herein - the

alleged sub-tenant, from the petition schedule building. During

the pendency of that Rent Control Petition, the landlord filed

I.A.No.9986 of 2018, an application under Section 12 of the Act,

seeking an order directing the 1st respondent-tenant to deposit

the arrears of rent amounting to Rs.2,00,000/- and continue to

pay rent for the subsequent period and in case of default, put

the landlord in vacant possession of the petition schedule

building. In R.C.P.No.78 of 2018, the 1 st respondent-tenant was

set exparte. The 2nd respondent-the alleged sub tenant filed

OP (RC) NO. 112 OF 2021

Ext.P3 objection dated 06.11.2020. Now the grievance of the

petitioner is the delay in disposal of R.C.P.No.78 of 2018 and

also I.A.No.9986 of 2018 filed under Section 12 of the Act.

2. Heard the learned counsel for the petitioner.

3. Considering the nature of relief proposed to be

granted in this original petition, service of notice on

respondents 1 and 2 is dispensed with.

4. The learned counsel for the petitioner would submit

that the petitioner is a senior citizen aged 60 years, who filed

R.C.P.No.78 of 2018 before the Rent Control Court, seeking

eviction of the tenant and the sub-tenant from the petition

schedule shop room, under Sections 11(2)(b), 11(3) and 11(4)(i)

of the Kerala Buildings (Lease and Rent Control) Act, 1965. As

stated in paragraph 6 of this original petition, the arrears of rent

till October, 2021 comes to Rs.12,25,000/-. Though I.A.No.9986

of 2018 is one filed in the year 2018, the Rent Control Court is

yet to pass orders in that application, invoking its powers under

Section 12 of the Act. In sofar as the Rent Control Petition is

concerned, the same is also pending consideration from the

year 2018.

OP (RC) NO. 112 OF 2021

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

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

Section 12(1), 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 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

Section 12(2), 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

OP (RC) NO. 112 OF 2021

(4). As per the proviso to Section 12(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. As per Section 12(3) 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 Section

12(4), when any deposit is made under sub-section (1), the

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.

OP (RC) NO. 112 OF 2021

6. Section 12(1) of the Act enjoins a tenant, against

whom an application for eviction has been made by a landlord

under Section 11, to pay to the landlord, or deposit with the

Rent Control Court, all arrears of rent admitted by the tenant

to be due in respect of the building, up to the date of payment

or deposit, and continue to pay or deposit any rent which may

subsequently become due in respect of the building, until the

termination of the proceedings before the Rent Control Court,

in order to contest that application for eviction before the Rent

Control Court. Similarly, Section 12(1) of the Act enjoins a

tenant, in order to prefer an appeal under Section 18 of the Act

against any order made by the Rent Control Court on an

application made by a landlord under Section 11, to pay the

landlord, or deposits with the Appellate Authority, all arrears of

rent admitted by the tenant to be due in respect of 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 Appellate Authority.

OP (RC) NO. 112 OF 2021

7. The liability of a tenant under Section 12(1) of the

Act, against whom an application for eviction has been made

by a landlord under Section 11, or who prefer an appeal under

Section 18 of the Act, against any order made by the Rent

Control Court on an application made by a landlord under

Section 11, is limited to all arrears of rent admitted by the

tenant to be due in respect of the building, up to the date of

payment or deposit, and he shall continue to pay or 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.

8. The object of the provisions of Section 12(1) of the

Act is to deny the defaulting tenant the right to contest the

application for eviction before the Rent Control Court, or to

prefer an appeal under Section 18 of the Act against any order

made by the Rent Control Court on an application made by a

landlord under Section 11, unless he pays to the landlord, or

deposits with the Rent Control Court or the Appellate Authority,

OP (RC) NO. 112 OF 2021

as the case may be, all arrears of rent admitted by him to be

due in respect of 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.

9. Section 12(2) of the Act enjoins a tenant to deposit

the admitted rent under sub-section (1), within such time as

the court may fix and in such manner as may be prescribed.

The time fixed by the court for the deposit of the arrears of

rent and the time fixed for the deposit of rent which

subsequently accrues due shall not be less than that specified

in the proviso to Section 12(2). As per the statutory mandate

of Section 12(1), on an application filed by the landlord under

Section 12, the Rent Control Court or the Appellate Authority,

as the case may be, has to order payment or deposit of arrears

of rent admitted by the tenant to be due in respect of the

petition schedule building, up to the date of payment or deposit

and the tenant shall also be directed to continue to pay or

OP (RC) NO. 112 OF 2021

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,

regardless of the relief sought for in that application. As per

Section 12(3) 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.

Having considered the submissions made by the learned

counsel for the petitioner, we deem it appropriate to dispose of

this Original Petition by directing the Rent Control Court to

consider I.A.No.9986 of 2018 dated 17.12.2018 filed by the

petitioner under Section 12 of the Act, and take an appropriate

decision thereon, strictly in accordance with the statutory

mandate under Section 12 of the Act, with notice to both sides,

as expeditiously as possible, at any rate within a period of one

month from the date of production of a certified copy of this

judgment. The Rent Control Court shall finally dispose of R.C.P.

OP (RC) NO. 112 OF 2021

No.78 of 2018 as expeditiously as possible, at any rate within a

period of four months.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV

OP (RC) NO. 112 OF 2021

APPENDIX OF OP (RC) 112 OF 2021

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE AADHAAR OF THE PETITIONER., Exhibit P2 THE TRUE COPY OF THE PETITION IN R.C.P.

NO. 78/2018 DTD. 07.12.2018 ON THE FILE OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM.

Exhibit P3 THE TRUE COPY OF THE OBJECTION DTD.

06.11.2020 OF THE 2ND RESPONDENT IN R.C.P. NO. 78/2018 ON THE FILE OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM Exhibit P4 THE TRUE COPY OF THE I.A. NO. 9986 OF 2018 IN R.C.P. NO. 78/2018 ON THE FILE OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM .

Exhibit P5 THE TRUE COPY OF DISCHARGE SUMMARY DT.

29.03.2021 OF PRS HOSPITAL THIRUVANANTHAPURAM.