Kerala High Court
Sarojini Thampuran vs Rajani on 11 January, 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 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
O.P.(RC)NO.7 OF 2022
SPEEDY DISPOSAL OF I.A.Nos.4 AND 5 OF 2021 IN R.C.P.No.45 OF 2021
ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF), CHAVAKKAD
PETITIONER:
SAROJINI THAMPURAN,
AGED 84 YEARS,
W/O LATE P. K. VEERA RAJA VARMA, RESIDING AT PALACE
NO.4, THRIPUNITHURA VILLAGE, ERNAKULAM-682301.
BY ADVS.
C.SREEJITH (ELAMAKKARA)
V.P.REJITHA (PUZHAKKALIDOM)
RESPONDENT:
RAJANI,
AGED 53 YEARS,
D/O SUKUMARAN, RESIDING AT ATHULYA FLAT, GURUVAYUR
VILLAGE, PADINJARE NADA, CHAVAKKAD TALUK, THRISSUR-
680101.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC)NO.7 OF 2022
2
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a senior citizen aged 84 years,
filed R.C.P.No.45 of 2021 on the file of the Rent Control
Court (Munsiff), Chavakkad, a petition under Sections
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 flat
bearing No.XV/359 in Athulya Gokulam Apartments,
Guruvayoor. The landlord filed I.A.No.4 of 2021 (Ext.P9)
under Order XXXIX, Rule 1 of the Code of Civil Procedure,
1908, seeking temporary injunction against the tenant
and I.A.No.5 of 2021 (Ext.P10) under Section 12 of the
Act, seeking an order to direct the tenant to pay arrears
of rent amounting to Rs.50,000/-. The grievance of the
petitioner is mainly the delay in disposal of the aforesaid
interlocutory applications. In this original petition, the
petitioner has sought for time bound consideration of
R.C.P.No.45 of 2021 and also I.A.Nos.4 and 5 of 2021.
O.P.(RC)NO.7 OF 2022
2. Heard the learned counsel for the petitioner-
landlord. Considering the nature of relief proposed to be
granted in this original petition, service of notice on the
respondent-tenant is dispensed with.
3. During the course of arguments, the learned
counsel for the petitioner would confine the reliefs sought
for in this original petition as one for time bound
consideration of I.A.Nos.4 and 5 of 2021 in R.C.P.No.45 of
2021, within a time limit to be fixed by this Court.
4. I.A.No.4 of 2021 is one filed by the landlord
under Order XXXIX, Rule 1 of the Code of Civil Procedure,
seeking temporary injunction against the tenant. I.A.No.5
of 2021 is one filed by the landlord, invoking the
provisions under Section 12 of the Act, seeking an order
directing the tenant to pay admitted arrears of rent.
5. 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
O.P.(RC)NO.7 OF 2022
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
O.P.(RC)NO.7 OF 2022
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.
6. The liability of a tenant under Section 12(1) of
O.P.(RC)NO.7 OF 2022
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.
7. 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.7 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.
8. 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
O.P.(RC)NO.7 OF 2022
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. 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.
9. The learned counsel for the petitioner would
O.P.(RC)NO.7 OF 2022
submit that the respondent-tenant has already filed
counter statement in both the interlocutory applications
and those applications now stand posted to 13.01.2022.
In such circumstances, this original petition is
disposed of by directing the Rent Control Court (Munsiff),
Chavakkad to pass appropriate orders on I.A.Nos.4 and 5
of 2021 in R.C.P.No.45 of 2021, strictly in accordance
with law, as expeditiously as possible, at any rate, within
a period of one month from 13.01.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC)NO.7 OF 2022
APPENDIX OF O.P.(RC) No.7 OF 2022
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE RENT CONTROL
PETITION IN R C P NO.45/2021 ON THE
FILE OF RENT CONTROL COURT, CHAVAKKAD
DATED 09.07.2021.
Exhibit P2 THE TRUE COPY OF THE RENT AGREEMENT
BETWEEN PETITIONER AND RESPONDENT
DATED 06.10.2020.
Exhibit P3 THE TRUE COPY OF THE LAWYER NOTICE
SENT TO THE RESPONDENT BY THE
PETITIONER DATED 15.03.2021.
Exhibit P4 THE TRUE COPY OF THE ACKNOWLEDGMENT
CARD DATED 18.03.2021 OF THE EXHIBIT
P3 NOTICE.
Exhibit P5 THE TRUE COPY OF THE PLAINT IN OS
NO.293/2021 ON THE FILE OF MUNSIFF
COURT, CHAVAKKAD DATED 22.03.2021.
Exhibit P6 THE TRUE COPY OF THE INTERIM
APPLICATION NO.02/2021 IN OS
NO.293/2021 DATED 22.03.2021.
Exhibit P7 THE TRUE COPY OF THE INTERIM TEMPORARY
INJUNCTION ORDER AGAINST THE
PETITIONER ISSUED BY THE MUNSIFF'S
COURT CHAVAKKAD ON 24.03.2021.
Exhibit P8 THE TRUE COPY OF THE OBJECTION FILED
IN I.A.2/2021 IN O S 293/2021 OF THE
MUNSIFF COURT CHAVAKKAD ON 01.04.2021.
Exhibit P9 THE TRUE COPY OF THE I A NO.4/2021 IN
RCP 45/2021 DATED 06.09.2021.
Exhibit P10 THE TRUE COPY OF THE I A NO.5/2021 IN
RCP 45/2021 DATED 05.11.2021.
