Kerala High Court
Thara Ranjith vs Spca Kannur on 2 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
O.P.(RC) NO. 19 OF 2022
SPEEDY DISPOSAL OF I.A.NO.2 OF 2021 IN R.C.A.NO.48 OF
2019 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL
DISTRICT JUDGE-IV), THALASSERY
PETITIONER:
THARA RANJITH,
AGED 39 YEARS, W/O RENJITH,
RESIDING AT VASANTHA NIVAS,
SOUTH BAZAAR, KANNUR, PIN - 670002.
BY ADVS.
PRAJIT RATNAKARAN
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
RESPONDENT:
SPCA KANNUR (SOCIETY FOR PREVENTION OF CRUELTY
TO ANIMALS), NEAR MUNCIPAL OFFICE,KANNUR 2,
REPRESENTED BY ITS SECRETARY P.C PRADEEP,
S/O NARAYANAN, NEAR MUNCIPAL OFFICE, KANNUR,
PIN - 670002.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(RC) No.19 of 2022
JUDGMENT
Ajithkumar, J.
The petitioner is the respondent-tenant in Rent Control
Petition No.18 of 2017 on the file of the Rent Control Court
(Munsiff), Kannur, which was filed seeking eviction under
Section 11(2)(b) of the Kerala Buildings (Lease and Rent
Control) Act, 1965. The rent control petition was allowed
directing the petitioner to surrender vacant possession of the
building to the respondent-landlord. The petitioner preferred
an appeal, R.C.A.No.48 of 2019, before the Rent Control
Appellate Authority (Additional District Judge-IV), Thalassery.
This petition is filed under Article 227 of the Constitution of
India seeking a direction to dispose of within a time frame
I.A.No.2 of 2021 in R.C.A.No.48 of 2019, which is one for an
order of stay of execution of order of eviction.
2. Monthly rate of rent for the petition schedule
building is Rs.2,000/-. Alleging that the rent since 2013 has
been in arrears, the rent control petition for eviction was filed
and it was allowed. Along with the R.C.A., the petitioner filed
I.A.No.533 of 2019 seeking to stay the operation of the order
O.P.(RC) No.19 of 2022
in R.C.P.No.18 of 2017. As per order dated 03.08.2019, the
Appellate Authority stayed operation of the order of eviction
on condition that the petitioner shall deposit half of the rent in
arrears within a period of thirty days. The petitioner failed to
deposit half of the rent in arrears within the time stipulated
and therefore, the order of stay lapsed. Subsequently, the
petitioner deposited half of the rent in arrears. Since the order
of stay has already become inoperative by that time, the
petitioner filed I.A.No.2 of 2021 in R.C.A.No.48 of 2019
seeking to stay operation of the order of eviction. The
Appellate Authority has not yet considered the said
interlocutory application.
3. Heard the learned counsel appearing for the
petitioner. Considering the nature of the relief sought for in
this original petition, service of notice on the respondent is
dispensed with.
4. The learned counsel for the petitioner would
contend that having the Appellate Authority, as per Ext.P1
granted stay on the condition of deposit of half of the rent in
O.P.(RC) No.19 of 2022
arrears and the amount, although belated, having been
deposited, the Appellate Authority should have ordered stay
on I.A.No.2 of 2021. Since the Appellate Authority has not
considered the said application so far, there is possibility for
the execution court to proceed with coercive step of effecting
delivery of the petition schedule room and in that event, the
petitioner would be put to irreparable injury and loss.
5. We may notice that petitioner being the tenant has
obligation to pay rent every month, whether or not there is a
rent control proceedings. When a proceedings under Section
11 of the Act is initiated, the liability to pay rent becomes
more onerous, lest the tenant would not get the right to
defend the eviction petition or, as the case may be, to
prosecute an appeal.
6. In Ramkumar J. v. Ashok Jacob [ILR 2021 (4)
Kerala 876] this Court explained the principle contained in
Section 12 of the Act. It was observed,
'12. 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
O.P.(RC) No.19 of 2022
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 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
O.P.(RC) No.19 of 2022
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.
13. Section 12(1) 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. Similarly,
Section 12(1) of the Act enjoins a tenant, in order 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, to pay
O.P.(RC) No.19 of 2022
the landlord, or deposits with the Appellate Authority, 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 Appellate Authority.
14. 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.
15. 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
O.P.(RC) No.19 of 2022
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.
16. 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 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. As per Section
O.P.(RC) No.19 of 2022
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.'
7. Going by the principles laid by this Court in
J.Ramkumar (supra), it is the obligation of the tenant to pay
or deposit the entire rent in arrears and to continue to pay the
rent falls due in the subsequent months in order for him to get
the right to prosecute an appeal. All the same, the right of the
tenant to prosecute an appeal cannot be jeopardized only on
account of delay in disposing of an application filed by him. The
learned counsel for the petitioner would submit that he has
already paid the entire arrears of rent as ordered by the
Appellate Authority as per Ext.P1, of course, not on time. It is
for the Appellate Authority to consider Ext.P2 in the light of the
fact that the arrears of rent was deposited as ordered in Ext.P1,
although belatedly. In the circumstances, we are of the view that
there shall be a direction to the Appellate Authority to dispose of
Ext.P2, within a period of one month.
O.P.(RC) No.19 of 2022
Accordingly, we dispose of this original petition directing
the Appellate Authority to dispose of Ext.P2, I.A.No.2 of 2021 in
R.C.A.No.48 of 2019, within a period of one month from the
date of production of the certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC) No.19 of 2022
APPENDIX OF OP (RC) 19 OF 2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 03.08.2019 IN
I.A.531/2019 IN R.C.A.47/2019 OF
ADDITIONAL DISTRICT JUDGE-IV, THALASSERY.
Exhibit P1 TRUE COPY OF I.A.2/2021 IN R.C.A.48/2019
OF ADDITIONAL DISTRICT JUDGE-IV,
THALASSERY
