Renny Joseph vs K.K.Ali
2021 Latest Caselaw 20235 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
              THE HONOURABLE MR.JUSTICE K. BABU
  THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
                            1943
                   OP (RC) NO. 78 OF 2021
EXPEDITIOUS DISPOSAL OF I.A.NO.2 OF 2021 & R.C.P.NO.4 OF
 2021 OF RENT CONTROL COURT (MUNSIFF), ALUVA, ERNAKULAM
PETITIONER:

         RENNY JOSEPH
         AGED 52 YEARS
         W/O. K.T. JOSEPH, THAYIKKATUKARAYIL KADATHUKULAM
         HOUSE, THAYIKKATUKARAYIL P.O, CHOORNIKARA
         VILLAGE, ALUVA DISTRICT, ERNAKULAM P.O-683106

         BY ADV RAPHAEL THEKKAN



RESPONDENT:

         K.K.ALI
         AGED 60 YEARS
         S/O. KUNJEN PILLAI, THAYIKKATTUKARAYIL
         KODIYAMATTOM HOUSE, THAYIKKATUKARAYIL P.O,
         CHOORNIKARA VILLAGE, ALUVA DISTRICT,
         ERNAKULAM P.O-683 106


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                -2-

OP (RC) NO. 78 OF 2021



                           JUDGMENT

Anil K. Narendran, J.

The petitioner-landlord has filed R.C.P.No.4 of 2021

before the Rent Control Court (Munsiff), Aluva seeking

eviction of the respondent-tenant from the petition schedule

building, under Section 11(2)(b) of the Kerala Buildings

(Lease and Rent Control) Act, 1965. The petitioner has filed

this original petition under Article 227 of the Constitution of

India, seeking an order directing the Rent Control Court, Aluva

to finally dispose of R.C.P.No.4 of 2020, as expeditiously as

possible, within a time limit to be fixed by this Court.

2. On 30.07.2021, when this original petition came up

for admission, this Court noticed that the petitioner is seeking

time bound disposal of a Rent Control Petition, which is filed

only on 15.02.2021.

3. On 10.09.2021, when the matter came up for

consideration, this Court allowed I.A.No.1 of 2021, an

application filed by the petitioner seeking an order to accept

as Ext.P5, a copy of I.A.No.2 of 2021 filed by the landlord

OP (RC) NO. 78 OF 2021

before the Rent Control Court, invoking the provisions under

Section 12 of the Act, seeking an order directing the tenant to

remit the admitted arrears of rent with interest. In the original

petition, this Court issued notice on admission by speed post

to the respondent, returnable within two weeks. Registry was

directed to call for a report from the Rent Control Court, Aluva

as to the time limit required for final disposal of I.A.No.2 of

2021 in R.C.P.No.4 of 2021.

4. Pursuant to the order dated 10.09.2021, a report

dated 28.09.2021 of the Rent Control Court, Aluva is placed

on record, wherein it is stated that I.A.No.2 of 2021 can be

disposed of within one month.

5. Heard the learned counsel for the petitioner-

landlord. Service of notice is not complete on the respondent-

tenant. Considering the nature of relief proposed to be

granted, we deem it appropriate to dispense with service of

notice on the respondent.

6. During the pendency of this original petition, the

landlord has filed Ext.P5 application before the Rent Control

OP (RC) NO. 78 OF 2021

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

the tenant to deposit the arrears of rent with interest.

7. The learned counsel for the petitioner-landlord

would submit that in the aforesaid interlocutory application

the respondent-tenant has already filed his objection and the

said application now stands posted to tomorrow (01.10.2021)

for consideration, before the Rent Control Court.

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 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 the building up to the date

OP (RC) NO. 78 OF 2021

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.

9. 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

OP (RC) NO. 78 OF 2021

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.

10. 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

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.

OP (RC) NO. 78 OF 2021

11. 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

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),

OP (RC) NO. 78 OF 2021

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.

12. 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.

Having considered the submission made by the learned

counsel for the petitioner-landlord, this original petition is

disposed of by directing the Rent Control Court, Aluva to

finally dispose of I.A.No.2 of 2021 in R.C.P.No.4 of 2021 filed

by the petitioner-landlord, as expeditiously as possible, at any

OP (RC) NO. 78 OF 2021

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/4/10

OP (RC) NO. 78 OF 2021

APPENDIX OF OP (RC) 78/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 30.03.0217

Exhibit P2 TRUE COPY OF THE RENT CONTROL PETITION NO. 4/2021 ON THE FILES OF THE RENT CONTROL COURT, ALUVA.

Exhibit P3 TRUE COPY OF THE E COURT PROCEEDINGS IN RCP NO. 4/2021 BEFORE THE RENT CONTROL COURT, ALUVA.

Exhibit P4 TRUE COPY OF THE E-COURT PROCEEDINGS ON 01.07.2021 IN RCP. NO. 4/2021 BEFORE THE RENT CONTROL COURT, ALUVA.

Exhibit P5 TRUE COPY OF THE I.A.NO.2/2021 DATED 09.08.2021 IN O.P.(RC)NO.4/2021 OF THE RENT CONTROL COURT, ALUVA