Kerala High Court
Shoukkath Moulavi vs Aneesa on 9 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA,
1944
RCREV. NO. 157 OF 2022
AGAINST THE JUDGMENT IN RCA NO.16 OF 2021 OF DISTRICT &
SESSIONS COURT, ALAPPUZHA CONCURRING WITH THE COMMON
ORDER DATED 8/4/2021 IN RCP NO.12 OF 2016 OF PRINCIPAL
MUNSIFF COURT, CHERTHALA
REVISION PETITIONERS/APPELLANTS/RESPONDENTS:
1 SHOUKKATH MOULAVI, AGED 41 YEARS, S/O.
KUNJABDULLA, MANGATTIDATHIL, IRINGATH P.O.,
KOZHUKKALLOOR VILLAGE, KOYILANDI TALUK,
KOZHIKODE-673 523.
2 MUHAMMED, AGED 39 YEARS, S/O. KUNJABDULLA,
MANGATTIDATHIL, IRINGATH P.O., KOZHUKKALLOOR
VILLAGE, KOYILANDI TALUK, KOZHIKODE-673 523.
BY ADVS.
T.JAYAKRISHNAN
R.KRISHNAKUMAR (CHERTHALA)
RESPONDENT/RESPONDENT/PETITIONER:
ANEESA, AGED 68 YEARS, W/O. HANEEFA, UZHINJELIL,
KAKKANADU KARAYIL, VAZHAKKALA VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
HANEEFA, S/O. PAREETHKUTTY, AGED 72 YEARS,
UZHINJELIL, KAKKANADU KARAYIL, VAZHAKKALA
VILLAGE, KANAYANNOOR TALUK, ERNAKULAM-682 030.
BY ADV B.PRAMOD
RCREV. NO. 157 OF 2022
..2..
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RCREV. NO. 157 OF 2022
..3..
J U D G M E N T
A. Muhamed Mustaque, J
Aggrieved by an order under Section 12(3) of
the Kerala Buildings (Lease and Rent Control)
Act, 1965 (for short "Act"), the tenant has
approached this Court in this revision. That
order also has been affirmed by the Appellate
Authority. The direction under Section 12(1) of
the Act to pay the admitted arrears has been
complied with after the order passed under
Section 12(3) of the Act by depositing the same
before the Rent Controller on 31.03.2022. The
case of the tenant is that due to Covid 19
pandemic, he could not raise the amount to pay
the admitted arrears of rent. It is also
contended that the landlord prevented him from
continuing with the business by withholding the
consent to install water treatment plan in the
tenanted premises. The application of doctrine
RCREV. NO. 157 OF 2022
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of suspension of rent citing vis major is
something to be considered by us. But we are
refraining from doing so. The submission made by
the learned counsel for the landlord that if the
arrears of rent as ordered in the impugned order
is deposited and this Court direct the Rent
Controller to dispose of the case at the earliest
they have no objection in setting aside the
impugned order.
2. In the light of concession as above, we
set aside the impugned order and pass the
following orders:
(i) The learned counsel for the tenant
submits that the tenant is liable to pay Rs.6
Lakh besides the deposit already made before the
Court, we direct the tenant to deposit the
admitted arrears of Rs.6 Lakh without prejudice
to the landlord to claim the actual arrears of
rent. That shall be deposited within four weeks
from today.
RCREV. NO. 157 OF 2022
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(ii) If the amount is deposited within the
time, the Rent Controller shall list the case in
the first week of February and shall dispose the
same in that month itself.
(iii) We make it clear that if the tenant
fails to deposit the Rs.6 Laksh as admitted
before this Court, the Rent controller is free to
pass orders under Section 12(3).
(iv) The landlord is permitted to withdraw
the entire amount deposited towards the arrears
of rent.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
