Kerala High Court
Ondhath Aysha vs Nittamkandy Divakaran on 5 April, 2022
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. 85 OF 2022
EXPEDITIOUS DISPOSAL OF I.A.NO.1 OF 2022 IN R.C.A.NO.102 OF
2018 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY
(ADDITIONAL DISTRICT JUDGE-IV), THALASSERY
PETITIONERS:
1 ONDHATH AYSHA
AGED 50 YEARS, W/O. ABDULLA,
RESIDING AT CT HOUSE, P.O. PANOOR,
THALASSERY TALUK, KANNUR DISTRICT, PIN - 670692.
2 PUTHENVEETTIL FATHIMA
AGED 48 YEARS, D/O. MOIDHU MASTER,
PUTHENVEETTIL, P.O. PANOOR, THALASSERY TALUK,
KANNUR DISTRICT, PIN - 670692.
3 VALIYAPARAMBATH SUHARA
AGED 48 YEARS, W/O. MUSTHAFA,
ACHARAMBATH HOUSE, P.O. PUTHOOR,
THALASSERY, KANNUR DISTRICT, PIN - 670692.
4 VALIYAPARAMBATH SUBAITHA
AGED 44 YEARS, W/O. YOUSAF,
KAVIL HOUSE, PUTHOOR P.O., THALASSERY TALUK,
KANNUR DISTRICT, PIN - 670692.
BY ADVS.
K.P.SUDHEER
J.RAMKUMAR
2
O.P.(RC) No.85 of 2022
RESPONDENT:
NITTAMKANDY DIVAKARAN
AGED 55 YEARS, S/O. BALAN,
NITTAMKANDY HOUSE, P.O. PATTIAM,
PATTIAM VILLAGE, THALASSERY TALUK,
KANNUR DISTRICT, PIN - 670691.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
O.P.(RC) No.85 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioners-landlords filed R.C.P.No.73 of 2014
before the Rent Control Court (Munsiff), Thalassery, a petition
under Section 11(2)(b) and 11(3) of the Kerala Buildings
(Lease and Rent Control) Act, 1965, seeking eviction of the
respondent herein-tenant from the petition schedule shop
room. In R.C.P.No.73 of 2014, the Rent Control Court passed
Ext.P1 order of eviction dated 30.07.2018, under Section
11(2)(b) and 11(3) of the Act, and the tenant was directed to
surrender vacant possession of the petition schedule shop
room to the landlords, within the time limit specified in the
order. Challenging the order of eviction granted in R.C.P.No.73
of 2014, the tenant filed R.C.A.No.102 of 2018 before the
Rent Control Appellate Authority (Additional District Judge-
IV), Thalassery, invoking the provisions under Section 18(1)
(b) of the Act. During the pendency of that Rent Control
Appeal, the landlords filed I.A.No.1 of 2022, an application
under Section 12 of the Act, seeking an order directing the
O.P.(RC) No.85 of 2022
tenant to deposit arrears of rent within a specified time and in
case of failure, direct the tenant to handover vacant
possession of the petition schedule shop room to the
landlords. The grievance of the petitioner is the delay in
disposal of R.C.A.No.102 of 2018 and also I.A.No.1 of 2022,
the application filed under Section 12 of the Act.
2. Heard the learned counsel for the petitioners-
landlords. Considering the nature of the relief proposed to be
granted, service of notice on the respondent-tenant is
dispensed with.
3. The learned counsel for the petitioners would point
out that the Rent Control Petition is one of the year 2014, in
which an order of eviction was passed on 30.07.2018. The
appeal filed by the tenant as R.C.A.No.102 of 2018 is pending
before the Rent Control Appellate Authority, for the last more
than three years. In that appeal, the landlords filed I.A.No.1
of 2022, an application under Section 12 of the Act, seeking
an order directing the tenant to deposit admitted arrears of
rent, which is also pending consideration.
O.P.(RC) No.85 of 2022
4. 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
O.P.(RC) No.85 of 2022
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
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.
O.P.(RC) No.85 of 2022
5. 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.
6. 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
O.P.(RC) No.85 of 2022
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.
7. 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
O.P.(RC) No.85 of 2022
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.
8. 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
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 submissions made by the
learned counsel for the petitioners, this Original Petition is
disposed of with the following directions:
O.P.(RC) No.85 of 2022
(i) On receipt of a certified copy of this judgment, the
petitioners shall move an application before the Rent
Control Appellate Authority, Thalassery to advance
hearing of I.A.No.1 of 2022 in R.C.A.No.102 of 2018;
(ii) In case the respondent-tenant is yet to file objection in
I.A.No.1 of 2022, the same shall be filed within a period
of two weeks from the date on which the case is
advance as directed above;
(iii) Thereafter, the Rent Control Appellate Authority,
Thalassery, shall pass appropriate orders in I.A.No.1 of
2022 in R.C.A.No.102 of 2018, as expeditiously as
possible, at any rate, within a further period of one
month, strictly in accordance with the provisions under
Section 12 of the Act.
(iv) Thereafter, the Rent Control Appellate Authority,
Thalassery shall dispose of R.C.A.No.102 of 2018 within
a further period of two month.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC) No.85 of 2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER DATED 30.7.2018 IN
RCP NO. 73/2014 PASSED BY RENT
CONTROLLER/ MUNSIFF, THALASSERY.
EXHIBIT P2 TRUE COPY OF APPEAL MEMORANDUM SERVED
ON THE PETITIONERS DATED 29.9.2018 IN
RCA NO. 102/2018 ON THE FILE OF THE
RENT CONTROL APPELLATE AUTHORITY (4TH
ADDL. DISTRICT JUDGE), THALASSERY.
EXHIBIT P3 TRUE COPY OF THE CASE DETAILS OF RCA
NO. 102/2018 DOWNLOADED FROM THE
WEBSITE OF THE RENT CONTROL APPELLATE
AUTHORITY.
EXHIBIT P4 TRUE COPY OF AFFIDAVIT FILED ALONG
WITH I.A. NO. 1/2022 IN RCA NO.
102/2018 ON THE OF THE RENT CONTROL
APPELLATE AUTHORITY (4TH ADDL.
DISTRICT JUDGE), THALASSERY.
