N.O.Jose vs V.K.Abdul Salam
2021 Latest Caselaw 20434 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
             THE HONOURABLE MR.JUSTICE K. BABU
  FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                  OP (RC) NO. 98 OF 2021
EXPEDITIOUS DISPOSAL OF I.A.NO.4 OF 2020 IN R.C.P.NO.183
 OF 2019 OF RENT CONTROL COURT (III ADDITIONAL MUNSIFF),
                         ERNAKULAM
PETITIONER/PETITIONER:

         N.O.JOSE, AGED 70 YEARS, S/O. LATE OONNOONNY
         LUKOSE, RESIDING AT NEDIYUZHATHIL HOUSE, KALOOR-
         KADAVANTHRA ROAD, ELAMKULAM, PIN CODE-682017.

         BY ADVS.
         P.VISWANATHAN (SR.)
         AJITH VISWANATHAN
         SANU S MALAKEEL
         SAYED MANSOOR BAFAKHY THANGAL
         JEFFIN JOHN
         SHIBU JOSEPH


RESPONDENT/RESPONDENT:

         V.K.ABDUL SALAM, AGED 51 YEARS
         S/O. M.M.KHAN RAUTHAR, THOTTATHIL HOUSE,
         NO.16/875C, INDIRA JUNCTION, THOPPUMPADY KARA,
         THOPPUMPADY VILLAGE, COCHIN CORPORATION,
         THOPPUMPADY P.O., PIN CODE-682005.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                               -2-

OP (RC) NO. 98 OF 2021



                          JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the owner of the building bearing

Door No.62/5171 and 40/993/UA/B near to Maharaja's Metro

Station, M.G.Road, Ernakulam, filed R.C.P.No.183 of 2019

before the Rent Control Court (Munsiff), Ernakulam, seeking

an order of eviction of the respondent-tenant, under Sections

11(2)(b), 11(4)(i) and 11(4)(ii) of the Kerala Buildings (Lease

and Rent Control) Act, 1965. Before the Rent Control Court,

the tenant entered appearance and filed counter statement.

The petitioner-landlord filed I.A.No.4 of 2020 (Ext.P2), an

application under Section 12 of the Act seeking an order

directing the tenant to pay or deposit the entire rent arrears

from July 2019 till the date of that application and to pay or

deposit the monthly rent for the subsequent months without

any default, and in case the respondent is not complying with

such order, direct him to vacate the petition schedule building

and put the petitioner in possession of that building. In Ext.P2

application, the tenant filed Ext.P3 counter affidavit dated

11.02.2021. The document marked as Ext.P4 is the case

details of R.C.P.No.183 of 2019, available in the e-court

OP (RC) NO. 98 OF 2021

website. Now, the petitioner is before this Court in this original

petition filed under Article 227 of the Constitution of India,

seeking an order directing the Rent Control Court to consider

and pass appropriate orders on Ext.P2 application, within a

time limit to be fixed by this Court.

2. Heard the learned counsel for the petitioner.

Considering the nature of relief proposed to be granted, we

deem it appropriate to dispense with service of notice to the

respondent-tenant.

3. The learned counsel for the petitioner would submit

that Ext.P2 application made by the petitioner-landlord is one

filed under Section 12 of the Act, which requires time bound

consideration by the Rent Control Court, since the landlord is

a senior citizen aged 70 years.

4. Section 12 of the Kerala Buildings (Lease and Rent

Control) 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

OP (RC) NO. 98 OF 2021

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 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.

OP (RC) NO. 98 OF 2021

5. 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 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.

6. Sub-section (1) of Section 12 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

OP (RC) NO. 98 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, in order to contest

that application for eviction before the Rent Control Court.

7. The liability of a tenant under sub-section (1) of

Section 12 of the Act, against whom an application for eviction

has been 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.

The object of the provisions under sub-section (1) of Section

12 of the Act is to deny the defaulting tenant the right to

contest the application for eviction before the Rent Control

Court unless he pays to the landlord, or deposits with the

Rent Control Court, 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

OP (RC) NO. 98 OF 2021

the termination of the proceedings before the Rent Control

Court. Sub-section (2) of Section 12 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 sub-section (2) of Section 12.

8. In view of the statutory mandate of sub-section (1)

of Section 12 of the Act, in an application filed by the landlord

under Section 12 of the Act, the Rent Control Court has to

order payment 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 ordered to

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.

9. Considering the fact that Ext.P2 application filed by

the petitioner-landlord under Section 12 of the Act, in which

the respondent-tenant has already filed Ext.P3 counter

OP (RC) NO. 98 OF 2021

affidavit, is pending consideration before the Rent Control

Court, Ernakulam, we deem it appropriate to dispose of this

original petition, by directing the Rent Control Court,

Ernakulam to consider and pass appropriate orders on Ext.P2

application, as expeditiously as possible, at any rate, within a

period of one month from the date of receipt of a certified

copy of this judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE

AV/5/10

OP (RC) NO. 98 OF 2021

APPENDIX OF OP (RC) 98/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOSTAT COPY OF PETITION IN R.C.P.NO.183 OF 2019, ON THE FILES OF THE RENT CONTROL COURT, ERNAKULAM.

Exhibit P2 THE TRUE PHOTOSTAT COPY OF I.A.NO.4 OF 2020 IN R.C.P.NO.183 OF 2019, ON THE FILES OF THE RENT CONTROL COURT, ERNAKULAM.

Exhibit P3 THE TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT IN I.A.NO.4 OF 2020 IN R.C.P.NO.183 OF 2019, ON THE FILES OF THE RENT CONTROL COURT, ERNAKULAM.

Exhibit P4 THE PRINT OUT OF THE CASE HISTORY OF R.C.P.NO.183 OF 2019 OBTAINED FROM THE OFFICIAL WEBSITE OF DISTRICT COURTS.