Jose V Kanjanappilly vs Shamla
2022 Latest Caselaw 1049 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
                              &
       THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                    O.P.(RC)NO.21 OF 2022
 SPEEDY DISPOSAL OF R.C.P.NO.68 OF 2020 ON THE FILE OF
              THE RENT CONTROL COURT, ERNAKULAM
PETITIONER:

         JOSE V. KANJANAPPILLY,
         AGED 58 YEARS,
         S/O LATE K.A.VARGHEESE, RESIDING AT
         KANJANAPILLY HOUSE, POONITHURA.P.O,
         CHAMPAKKARA, KOCHI-682038, PIN - 682038

         BY ADV BINDU SREEKUMAR



RESPONDENT:

         SHAMLA,
         AGED 48 YEARS,
         W/O. SHAJAHAN, SHAFANA MANZIL, RANDOOR P.O.,
         MOOVATTUPUZHA- 686 673, PIN - 686673


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(RC)No.21 of 2022

                                   2

                             JUDGMENT

Anil K. Narendran, J.

The petitioner has filed R.C.P.No.68 of 2020 before

the Rent Control Court, Ernakulam, which is one filed

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 building bearing door No.30/445A

(current No.50/138) of Cochin Corporation, situated in

Survey No.1307/2 of Poonithura Village. Along with that

Rent Control Petition, the petitioner filed I.A.No.1 of

2020, an application under Section 12 of the Act,

seeking an order directing the tenant to pay or deposit

rent during the pendency of the proceedings for

eviction.

2. In R.C.P.No.68 of 2020, the tenant has

already filed a counter dated 12.08.2021, a copy of

which is marked as Ext.P4. Now the grievance of the O.P.(RC)No.21 of 2022

petitioner is that the aforesaid Rent Control Petition and

I.A.No.1 of 2020 filed under Section 12 of the Act is still

pending consideration before the Rent Control Court.

The tenant is yet to file objection in I.A.No.1 of 2020.

3. Heard the learned counsel for the petitioner-

landlord. Considering the nature of relief proposed to be

granted, service of notice on the respondent-tenant is

dispensed with.

4. From the case status of R.C.P.No.68 of 2020,

available in e-courts website, it is seen that, though the

respondent-tenant entered appearance through counsel

and filed counter dated 12.08.2021 in R.C.P.No.68 of

2020, the Rent Control Petition is listed to 18.02.2022

for return of notice. I.A.No.1 of 2020 filed by the

landlord under Section 12 of the Act is also pending

consideration, in which the tenant is yet to file

objection.

5. Section 12 of the Act deals with payment or O.P.(RC)No.21 of 2022

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 O.P.(RC)No.21 of 2022

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

Authority, as the case may be, shall cause notice of the O.P.(RC)No.21 of 2022

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.

6. 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 O.P.(RC)No.21 of 2022

any order made by the Rent Control Court on an

application made by a landlord under Section 11, to pay

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.

7. 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 O.P.(RC)No.21 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 or the

Appellate Authority, as the case may be.

8. 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 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 O.P.(RC)No.21 of 2022

Appellate Authority, as the case may be.

9. 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 O.P.(RC)No.21 of 2022

the Rent Control Court or the Appellate Authority,

regardless of the relief sought for in that application.

Therefore, even in a case in which the relief sought for

in an application filed under Section 12 of the Act is

confined to payment or deposit of admitted arrears of

rent up to the date of application or up to the date of

order to be passed in that application, the Rent Control

Court or the Appellate Authority, as the case may be, is

statutorily bound to pass an order directing the tenant

to pay or deposit admitted arrears of rent up to the date

of payment or deposit and continue to pay or deposit

rent which may subsequently become due, until

termination of that proceedings.

In such circumstances, this original petition is

disposed of with the following directions;

(1) In case, the respondent-tenant is yet to file

objection in I.A.No.1 of 2020, the tenant shall

file the same within two weeks from the next O.P.(RC)No.21 of 2022

posting date of R.C.P.No.68 of 2020, i.e.,

18.02.2022.

(2) The Rent Control Court shall take an

appropriate decision on I.A.No.1 of 2020, strictly

in accordance with law, within a further period of

one month.

(3) Thereafter, the Rent Control Court shall

finally dispose of R.C.P.No.68 of 2020, as

expeditiously as possible, at any rate, within a

period of four months.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

MIN O.P.(RC)No.21 of 2022

APPENDIX OF O.P.(RC)No.21 of 2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LAWYERS NOTICE DATED 26.5.2020 ISSUED TO THE RESPONDENT.

Exhibit P2 TRUE COPY OF THE RENT CONTROL PETITION R.C.P. 68/20 DATED 23.6.2020 PENDING BEFORE THE RENT CONTROL COURT, ERNAKULAM.

Exhibit P3 TRUE COPY OF THE REPLY NOTICE DATED 30.6.2020 ISSUED BY THE RESPONDENT.

Exhibit P4 TRUE COPY OF THE OBJECTION DATED 12.8.2021 FILED BY THE RESPONDENT IN RENT CONTROL PETITION R.C.P.68/2020 PENDING BEFORE THE RENT CONTROL COURT, ERNAKULAM.

RESPONDENT'S EXHIBITS: NIL.