Anseed vs Kunhumuhammed
2022 Latest Caselaw 3784 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 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                      O.P.(RC) NO. 84 OF 2022
TIME BOUND DISPOSAL OF BRC(OP) NO.6 OF 2020 ON THE FILE OF
      THE RENT CONTROL COURT (MUNSIFF), KARUNAGAPPALLY
PETITIONER:

         ANSEED,
         AGED 45 YEARS, S/O. THANGAL KUNHU,
         CHETTISSERY HOUSE, MIDAPALLY MURIYIL,
         PANMANA P.O., PANMANA VILLAGE,
         KARUNAGAPALLY TALUK,
         KOLLAM DISTRICT, PIN - 691583.
         BY ADV K.RAKESH


RESPONDENT:

         KUNHUMUHAMMED
         AGED 65 YEARS,
         SAJI NIVAS, KINARUVILAYIL, MIDAPALLY MURIYIL,
         PANMANA VILLAGE, PANMANA P.O.,
         KARUNAGAPALLY TALUK,
         KOLLAM DISTRICT, PIN - 691583.



     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
05.04.2022,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                 2
O.P.(RC) No.84 of 2022



                         JUDGMENT

Anil K. Narendran, J.

The petitioner filed BRC(OP) No.6 of 2020 before the

Rent Control Court (Munsiff), Karunagappally under Section

11(2)(b) and 11(3) of the of the Kerala Buildings (Lease and

Rent Control) Act, 1965, seeking eviction of the respondent

herein-tenant from the petition schedule shop room. The

grievance of the petitioner is the delay in disposal of BRC(OP)

No.6 of 2020. In that matter, the Rent Control Court ordered

notice to the tenant and posted the case to 23.10.2020.

Thereafter, the case was posted on 10.12.2020, 21.01.2021,

27.02.2021, 28.05.2021, 15.07.2021, 11.10.2021,

20.12.2021 and 19.02.2022. Now, the case is listed to

24.05.2022. The tenant has not yet filed any counter affidavit.

The tenant has also defaulted payment of rent. The learned

counsel for the petitioner would submit that a time bound

consideration of the BRC(OP) No.6 of 2020 is highly essential.

2. Heard the learned counsel for the petitioner-

landlord. Considering the nature of the relief proposed to be

O.P.(RC) No.84 of 2022

granted, service of notice on the respondent-tenant is

dispensed with.

3. The Rent Control Petition filed by the landlord

seeking eviction of the tenant under Section 11(2)(b) and

11(3) of the Act is one filed in the year 2020. According to the

landlord, the tenant has defaulted payment of rent.

3. 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

O.P.(RC) No.84 of 2022

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 (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

O.P.(RC) No.84 of 2022

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.

4. 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.

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

O.P.(RC) No.84 of 2022

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, 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.

6. 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

O.P.(RC) No.84 of 2022

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 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.

7. As already noticed hereinbefore, 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, 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

O.P.(RC) No.84 of 2022

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. Having considered the submission made by the

learned counsel for the petitioner-landlord, this Original

Petition is disposed of with the following directions;

(i) The petitioner-landlord shall file an application under Section 12 of the Act for payment or deposit of admitted rent by the tenant during the pendency of proceeding for eviction.

(ii) The Rent Control Court, Karunagappally, shall consider the application made by the petitioner-landlord under Section 12 of the Act, after affording a reasonable opportunity to the respondent-tenant to submit his objection, and pass an appropriate order on that application, as expeditiously as possible, at any rate, within a period of one month from the date on which the petitioner files such an application.

(iii) Thereafter, the Rent Control Court, Karunagappally, shall finally dispose of

O.P.(RC) No.84 of 2022

BRC(OP) No.6 of 2020, as expeditiously as possible, at any rate, within a further period of four months.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

O.P.(RC) No.84 of 2022

APPENDIX OF OP (RC) 84/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION IN BRC(OP) NO.6/2020 ON THE FILES OF THE RENT CONTROL COURT, KARUNAGAPALLY DATED, 16-9-2020.