Kerala High Court
Le Arabia Restaurant Represented By ... vs Fousiya T.A on 25 March, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:25727
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
RCREV. NO. 72 OF 2025
AGAINST THE JUDGMENT DATED 12.02.2025 IN RCA NO.146
OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V,
KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE ARISING OUT OF
THE ORDER DATED 07.10.2024 IN RCP NO.80 OF 2023 OF
ADDITIONAL MUNSIFF COURT ,KOZHIKODE-I
REVISION PETITIONER(S)/APPELLANT/RESPONDENTS:
1 LE ARABIA RESTAURANT,
REPRESENTED BY MANAGING PARTNER,
MOHAMMED SHAMSUDHIN, 1-199 SOUDATH MANZIL,
KOYILA HOUSE, KARNATAKA STATE,
BANTHWAL DESOM, NAVOOR PANCHIKKAL,
SOUTH KARNATAKA, PIN - 574211
2 MOHAMMED SHAMSUDHIN
AGED 41 YEARS
MANAGING PARTNER, LE ARABIA RESTAURANT,
VANDIPETTA, NADAKKAVU P.O,
KOZHIKODE, PIN - 673011
BY ADVS.
GOUTHAM KRISHNA U.B.
SUBI S BINU
RCRev No.72/2025
2
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RESPONDENT(S)/RESPONDENTS/PETITIONERS:
1 FOUSIYA T.A
AGED 54 YEARS
D/O. THAYALMALIKAYIL ABDUL KHADER,
ALKOUSAR, P.O.PERINGADI, NEW MAHEE,
PERINGADI DESOM, THALASSERY,
KANNUR, PIN - 673312
2 ASMA
AGED 45 YEARS
D/O. VARIKKODAN ABU HAJI, VARIKKODAN HOUSE,
KODOOR P.O, PERINTHALMANNA,
MALAPPURAM, PIN - 676504
3 PARAKKANDY IQBAL
AGED 55 YEARS
S/O.PARAKKANDY KHADER, PARAKKANDY HOUSE,
P.O.PERINGADI, CHOKLI, PERINGADI ,
THALASSERY,KANNUR, PIN - 673312
4 SHAKEELA NISSAR
AGED 57 YEARS
D/O.ABOOBACKER, THOTTATHIL HOUSE, P.O.,
PERIGADI, THALASSERY, KANNUR, PIN - 673312
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RCRev No.72/2025
3
2025:KER:25727
JUDGMENT
Dated this the 25th day of March, 2025
A. Muhamed Mustaque (J)
The tenant filed this revision challenging an
order passed under Section 12(3) of the Kerala Buildings (Lease
and Rent Control) Act 1965 (hereinafter referred to as 'the Act').
This has been affirmed by the appellate authority. The monthly
rent is originally agreed at Rs.2,00,000/- per month. The landlord
claims some enhancement on the monthly rent originally agreed.
No rent was paid from March 2023 onwards. The case of the
tenant is that, due to the tortuous act of the landlord, they were
prevented from enjoying the property. Therefore, applying the
doctrine of suspension of rent, the tenant is not liable to pay the
rent. He relied on the judgment of the Apex Court in Surendra
Nath Bibra Vs. Stephen Court Ltd. (AIR 1966 SC 1360).
2. The Rent Control Act sets its own procedure for
considering a petition for eviction. If the tenant wants to contest
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the case, he has to pay admitted arrears of rent. This is a pre
requisite for contest. If the tenant wants to contest on any other
ground, like the one now raised before this Court based on the
doctrine of suspension of rent, that requires adjudication in an
appropriate manner. If the law envisages that, to contest the
matter, the tenant is required to pay the admitted arrears, he
cannot absolve such payment at the threshold by pointing out
possible, probable, or prospective defences which he had raised as
the objections. It is to be noted that, law never contemplates a
situation to absolve a tenant from the payment of rent, pointing
out these objections for not paying the rent. If there are admitted
arrears, he is bound to pay those arrears as a prerequisite to
contest the matter.
In view of the fact that he had not paid the rent arrears as
ordered under Section 12 (1) it resulted in passing a consequential
order under Section 12(3) of the Act by the Rent Control Court.
The Rent Control Appellate Authority also affirms that order. It is
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submitted at the Bar that the landlord also executed. The order
passed by the Rent Control Court by taking delivery. Submission
is recorded. In such circumstances we are of the view that there is
no scope for entertaining the revision. Accordingly, this revision
petition is dismissed.
Sd/-
A. MUHAMED MUSTAQUE,
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
HKH/25.03.2025
2025:KER:25727
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF POLICE COMPLAINT BEFORE
THE STATION HOUSE OFFICER, NADAKKAVU
POLICE STATION PREFERRED BY THE 1ST
PETITIONER AGAINST THE RESPONDENTS AND
CO-OWNERS OF BUILDING NUMBER 1/3714
DATED 01.03.2024
ANNEXURE A2 A TRUE COPY OF POLICE ACKNOWLEDGEMENT
BEARING COMPLAINT NO. 15288053-2024-
00302 DATED 01.03.2024
ANNEXURE A3 A TRUE COPY OF PETITION PREFERRED BY
THE 1ST PETITIONER TO THE ELECTRICITY
OFFICER, KSEB ELECTRICAL SECTION, WEST
HILL, KOZHIKODE DATED 23.02.2024
ANNEXURE A4 A TRUE COPY OF APPLICATION PREFERRED BY
THE 1ST PETITIONER UNDER THE RTI ACT,
2005 BEFORE THE PUBLIC INFORMATION
OFFICER, KSEB, THIRUVANANTHAPURAM DATED
08.04.2024
ANNEXURE A5 A TRUE COPY OF REPLY TO ANNEXURE A4
ISSUED BY SPECIAL OFFICER (REVENUE),
KSEB BHAVAN, THIRUVANANTHAPURAM DATED
11.06.2024
