Kerala High Court
Sanjay Ravi vs Shine on 12 March, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
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R.C.Rev. No.6 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA, 1946
RCREV. NO. 6 OF 2025
AGAINST THE JUDGMENT DATED 17.12.2024 IN RCA NO.19 OF
2024 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA ARISING OUT
OF THE JUDGMENT DATED 07.11.2023 IN RCP NO.7 OF 2023 OF
ADDITIONAL MUNSIFF COURT, IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
SANJAY RAVI, AGED 49 YEARS, BUSINESS, SON OF
NEDUMPURAKKAL RAVEENDRAN, IRINJALAKUDA DESOM,
MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 121
BY ADVS.
BASIL MATHEW
AJITH VISWANATHAN
NINAN JOHN
SANJANA SARA VARGHESE ANNIE
ARYA A.R.
P.VISWANATHAN (SR.)(K/000283/1986)
RESPONDENT/RESPONDENT/PETITIONER:
SHINE, AGED 37 YEARS, SON OF VALLATHUPARAMBIL
SADANANDAN, PORATHUSSERY DESOM & VILLAGE,
MUKUNDAPURAM TALUK REPRESENTED BY POWER OF
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R.C.Rev. No.6 of 2025
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ATTORNEY HOLDER, SOBHA, AGED 68 YEARS, WIFE OF
VALLATHUPARAMBIL SADANANDAN, PORATHUSSERY DESOM &
VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PIN - 680 125
BY ADV RAJIT
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 11.03.2025, THE COURT ON 12.03.2025 DELIVERED THE
FOLLOWING:
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R.C.Rev. No.6 of 2025
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A. MUHAMED MUSTAQUE & P. KRISHNA KUMAR , JJ.
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R.C. Rev. No.6 of 2025
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Dated this the 12th day of March, 2025
ORDER
A.Muhamed Mustaque, J.
In this revision, the tenant questions an order under Section
12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965
(for short, "Act").
2. The tenant secured an order consequent upon the default
of payment of admitted arrears of rent in the proceedings of eviction
under Section 11(2)(a)(b) of the Act for arrears of rent.
3. The dispute now is in regard to the rate of rent payable.
There is no dispute regarding the original rate of rent payable at the
rate of Rupees One Lakh per month. This is due from June 2022
onwards.
4. The Rent Control Court noted that in the lease agreement
the tenant agreed to pay a ten percent increase every year. The
tenant has a case that the parties waived the increase stipulated in
the lease agreement. That means there exists a dispute in regard to
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the performance of the term stipulating a ten percent increase every
year. This is a matter of adjudication.
5. The Rent Control Court, however, directed the tenant to
pay the arrears, calculating a ten percent increase. Consequent to
the non-payment of the amount calculated by the Rent Control
Court, an order under section 12 (3) of the Act has been passed.
This was questioned before the Appellate Authority. The Appellate
Authority also refused to interfere with the order of the Rent Control
Court.
6. The court need not be swayed by the contention of the
tenant in regard to the rate of rent payable. A mere denial cannot
absolve the tenant from the liability to pay the arrears. Section 12 is
incorporated in the Rent Control Act on an equitable consideration
that no tenant shall contest the petition for eviction or appeal as the
case may be, without depositing the admitted arrears of rent. If
there is any clause stipulating an increase of rent every year, the
Rent Controller will have to adjudicate whether such a clause can be
enforced or not. This can be done only at the stage of trial. Section
12 of the Act is a pre-trial proceeding. The tenant, in this case, has
a contention that the landlord has waived the demand for an
increase of ten percent every year. The trial is yet to commence.
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Whether the landlord had waived such demand can be decided only
after the trial. Such being the matter, the Rent Control Court could
have only ordered payment of Rupees One Lakh from June 2022
onwards. No doubt, while ordering so, the Rent Control Court can
also direct the tenant to pay the 6 percent statutory interest.
In the light of the above, in supersession of the impugned
orders, we direct the revision petitioner-tenant to pay the arrears of
rent at the rate of Rupees One Lakh from June 2022 onwards
inclusive of this month, within four weeks from today along with six
percent interest. If this is not paid, a fresh order shall be passed by
the Rent Control Court under section 12(3) of the Act noting the
procedure under the law. The tenant is also directed to pay the rent
from time to time till the disposal of the proceedings. If the tenant
deposits the amount within the time, the Rent Control Court shall
dispose of the petition for eviction itself before the end of May 2025.
This Rent Control Revision is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
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PETITIONER ANNEXURES
Annexure A1 The certified copy of section 12(1)
order dated 05.10.2023 in R.C.P. No.
7/2023 on the files of the Hon'ble Rent
Control Court, Irinjalakuda
Annexure A2 The certified copy of section 12(3)
Order dated 07.11.2023 in R.C.P. No.
7/2023 on the files of the Hon'ble Rent
Control Court, Irinjalakuda
Annexure A3 The certified copy of judgment dated
17/12/2024 in RCA 19/2024 on the files
of the Honble Rent Control Appellate
Authority Irinjalakuda
