Kerala High Court
P.P.Haris vs Muneera P.M on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
O.P.(RC) NO.89 OF 2021
I.A.Nos.1 AND 2 OF 2020 IN R.C.A.NO.14 OF 2017 OF THE RENT CONTROL
APPELLATE AUTHORITY (DISTRICT COURT), THALASSERY.
E.P.NO.7 OF 2021 IN R.C.P.NO.85 OF 2015 OF PRINCIPAL MUNSIFF COURT,
KANNUR.
PETITIONER/S:
P.P.HARIS,
S/O MUHAMMED KUNHI, NEW METALS, CP.IV 646 A, GROUND
FLOOR, PUTHIYATHERU, KANNUR TALUK, KANNUR DISTRICT
BY ADVS.
P.U.SHAILAJAN
V.SREEJITH (K/1398/2000)
NIDHEESH T.P
RESPONDENT/S:
MUNEERA P.M., W/O SAHIR, ASMA, PANAMKAVU, P.O.CHIRAKKAL,
KANNUR-670 011.
THIS O.P.(RENT CONTROL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC) NO.89 OF 2021
2
JUDGMENT
Anil K. Narendran, J.
The petitioner is the appellant in R.C.A. No.14 of 2017 on
the file of the Rent Control Appellate Authority (Additional
District Judge - III), arising out of R.C.P. No.85 of 2015 on the
file of the Rent Control Court (Principal Munsiff) Kannur. The
respondent-landlord filed the said rent control petition seeking
eviction of the petitioner-tenant under Section 11(3) of the
Kerala Buildings (Lease and Rent Control) Act, 1965.
2. The Rent Control Court passed an order of eviction
under Section 11(3) of the Act, which was under challenge in
R.C.A.No.14 of 2017 filed before the Rent Control Appellate
Authority. That appeal was dismissed for default on 17.08.2019.
The tenant filed I.A. No.1 of 2020 in R.C.A. No.14 of 2017 to
condone the delay in filing the application for restoration, i.e.,
I.A.No.2 of 2020. The grievance of the petitioner is that during
the pendency of those applications before the Rent Control
Appellate Authority, the execution court, i.e., the Principal
Munsiff Court, Kannur, is proceeding with the execution petition,
O.P.(RC) NO.89 OF 2021
i.e., E.P.No.7 of 2021 in R.C.P. No.85 of 2015. Therefore, the
petitioner has filed this original petition, invoking the
supervisory jurisdiction of this Court under Article 227 of the
Constitution of India, seeking an order directing the Rent Control
Appellate Authority, Thalassery, to consider and pass
appropriate orders on I.A. Nos.1 and 2 of 2020 in R.C.A.No.14
of 2017, within a time limit to be fixed by this Court. The
petitioner has also sought for stay of all further proceedings in
E.P. No.7 of 2021 in R.C.P. No.85 of 2015 on the file of the
Principal Munsiff Court, Kannur, till the disposal of Exts.P2 and
P3 applications by the Appellate Authority.
3. On 10.09.2021, this Court issued urgent notice on
admission by special messenger to the respondent, returnable
by 14.09.2021. Registry was directed to call for a report from
the Rent Control Appellate Authority, Thalassery, as to the
present status of I.A. No.1 and 2 of 2020 and also the the time
limit required for final disposal of those applications. This Court
granted an interim order of stay of all further proceedings in E.P.
No.7 of 2021 in R.C.P. No.85 of 2015, for a period of ten days.
O.P.(RC) NO.89 OF 2021
4. Pursuant to the order of this Court dated 10.09.2021,
the report dated 13.09.2021 of the Rent Control Appellate
Authority, Thalassery, is placed on record, wherein it is stated
that I.A.Nos.1 and 2 of 2020 in R.C.A. No.14 of 2017 can be
disposed of within a week, if both parties appear and advance
their arguments.
5. Heard the learned counsel for the petitioner-tenant
and also the learned counsel for the respondent-landlord.
6. The learned counsel for the petitioner would submit
that the only relief sought for in this original petition is a time
bound consideration of I.A.Nos.1 and 2 of 2020 in R.C.A. No.14
of 2017, since the respondent-tenant is proceeding with the
execution of the order of eviction, in E.P. No.7 of 2021 in R.C.P.
No.85 of 2015.
7. The learned counsel for the respondent-landlord would
submit that the attempt of the petitioner-tenant in filing the
above appeal, along with an application for condonation of
delay, is only to protract the execution of the order of eviction
granted by the Rent Control Court, in a Rent Control Petition of
O.P.(RC) NO.89 OF 2021
the year 2015. The learned counsel would point out that the
petitioner-tenant had defaulted monthly rent amounting to
Rs.93,000/-(Rupees ninety three thousand only).
8. 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 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)
O.P.(RC) NO.89 OF 2021
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.
9. 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
O.P.(RC) NO.89 OF 2021
landlord on application made by him to the Rent Control Court
or the Appellate Authority in that behalf.
10. In such circumstances, this original petition is
disposed of by directing the Rent Control Appellate Authority
(Additional District Judge - III), Thalassery, to consider and
pass appropriate orders in I.A.Nos.1 and 2 of 2020 in R.C.A.
No.14 of 2017, as expeditiously as possible, at any rate, within a
period of two weeks from 27.09.2021, the date on which the
petitioner and the respondent shall appear before that Authority.
The interim order granted in this original petition shall
continue till the disposal of the abovesaid interlocutory
applications.
Sd/-
ANIL K. NARENDRAN,
JUDGE
Sd/-
K. BABU,
JUDGE
MIN
O.P.(RC) NO.89 OF 2021
APPENDIX OF O.P.(RC) No.89 OF 2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPEAL MEMORANDUM IN R.C.A
NO 14/2017 FILED BY THE PETITIONER BEFORE
THE RENT CONTROL APPELLATE AUTHORITY (ADDL
DISTRICT COURT-III) THALASSERY DATED
9.1.2017
Exhibit P2 TRUE COPY OF IA NO 1/2020 IN R.C.A NO
14/2017 FILED BY THE PETITIONER BEFORE THE
RENT CONTROL APPELLATE AUTHORITY (ADDL
DISTRICT COURT-III) THALASSERY DATED
28.1.2017
Exhibit P3 TRUE COPY OF IA NO 2/2020 IN R.C.A NO
14/2017 FILED BY THE PETITIONER BEFORE THE
RENT CONTROL APPELLATE AUTHORITY (ADDL
DISTRICT COURT-III) THALASSERY DATED
20.1.2020
Exhibit P4 TRUE COPY OF THE EP NO 7/2021 IN RCP NO
85/2015 FILED BY THE RESPONDENT BEFORE THE
RENT CONTROL COURT (PRL. MUNSIFF COURT)
KANNUR DATED 7.12.2020
