Premkumar vs Shaiju Jacob
2025 Latest Caselaw 6464 Ker

Kerala High Court

Premkumar vs Shaiju Jacob on 30 May, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                          2025:KER:37793

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

            THE HONOURABLE MR. JUSTICE JOHNSON JOHN

      FRIDAY, THE 30TH DAY OF MAY 2025 / 9TH JYAISHTA, 1947

                      RCREV. NO. 195 OF 2024

       AGAINST THE ORDER/JUDGMENT DATED 04.09.2024 IN RCA NO.12

OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II,

ALAPPUZHA/ II ADDITIONAL MACT/ LAND ACQUISITION REHABILIEATION

AND   RE-SETTLEMENT   AUTHORITY,   ALAPPUZHA   ARISING      OUT    OF    THE

ORDER/JUDGMENT   DATED   13.03.2024     IN   RCP   NO.4    OF     2022    OF

PRINCIPAL MUNSIFF COURT, CHERTHALA

REVISION PETITIONER/RESPONDENT/RESPONDENT IN RCA/PETITIONER IN
RCP/ LANDLORD:
          PREMKUMAR
          AGED 63 YEARS
          S/O JANARDHANAN, MADATHILPARAMBIL, CMC - 4,
          CHERTHALA PO CHERTHALA, PIN - 688524

           BY ADV SHRI.C.S.MANILAL
RESPONDENTS/APPELLANT IN RCA/RESPONDENT IN RCP/TENANT:
          SHAIJU JACOB
          S/O JACOB MALOTHARAYIL, CHERTHALA EAST MURI
          OPPOSITE STATE BANK OF INDIA CHERTHALA,
          PIN - 688524

           BY ADVS.
           SHRI.C.A.RAJEEV
           SRI.JOHN VARGHESE (CHERTHALA)


      THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
30.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 195 OF 2024
                                  -2-

                                                         2025:KER:37793

                                                           "CR"
                               ORDER

Dated this the 30th day of May, 2025

A.Muhamed Mustaque, J.

The question that arises in this revision petition is

whether the Rent Control Court was justified in passing an order

under Section 12(3) of the Kerala Buildings (Lease & Rent Control)

Act, 1965 (for short 'the Act') to stop the proceedings consequent

upon non-payment of the rent which falls due subsequently after

clearing the defaulted arrears of rent by the tenant, even in the

absence of such a direction in the order passed under Section 12(1)

of the Act.

2. As is evident from the order passed by the Rent Control

Court, Cherthala under Section 12(1) of the Act, the Rent Control

Court only directed the tenant to pay arrears of rent as on the date

of passing of that order within 30 days. The tenant cleared the

entire arrears as on the date of passing of the order. However, he

failed to pay the subsequent rent due after clearing the arrears.

There was omission in the order passed by the RCC to direct the

tenant to continue to pay the monthly rent that falls due till he

vacates the petition schedule building. No doubt, statutorily, the

tenant is liable to pay the rent that subsequently falls due, pending

the proceedings.

RCREV. NO. 195 OF 2024

2025:KER:37793

3. The question is whether the default committed by the

tenant in not honouring the statutory obligation to continue to pay

monthly rent would result in stoppage of the proceedings under

Section 12(3) of the Act, without there being a specific order under

Section 12(1) of the Act. The law is clear and precise. It is only

when a tenant commits default to pay the rent that subsequently

falls due, by not honouring the order of the court, it would result in

passing a final order under Section 12(3) of the Act. That exactly

was done in this matter by the appellate authority by reversing the

order of the Rent Control Court stopping the proceedings

consequent upon the non-payment of rent which falls due

subsequently.

4. We are of the view that this is a correct approach.

Invariably, when the court passes an order of eviction in an

application filed under Section 12(1) of the Act, the court is bound

to pass an order to the effect that the rent that subsequently

become due is also to be paid until the termination of the

proceedings, so as to create an obligation on the tenant to pay the

rent and if the tenant fails to pay or deposit the rent, the court can

pass an order under Section 12(3) of the Act, unless the tenant

shows sufficient cause to the contrary, to stop all the proceedings

and also to put the landlord in possession of the building. That

means, when the tenant fails to honour the direction of the court to RCREV. NO. 195 OF 2024

2025:KER:37793

continue to pay the monthly rent, there would be a stoppage of

proceedings. However, in the absence of such a direction to

continue to pay the monthly rent, no stoppage of the proceedings

would arise. This is the intention of the lawmakers behind Section

12(3) of the Act. The stoppage of proceedings essentially depends

upon the directions issued by the court and is not based on the

statutory obligations cast on the tenant to pay the rent.

5. The object of the provisions of Section 12(3) of the Act is

to deny the defaulting tenant the right to contest an application for

eviction before the Rent Control Court or the appellate authority, as

the case may be, which would result in the stoppage of the

proceedings. Section 12(3) of the Act mandates that if the tenant

fails to pay or to deposit the rent, all further proceedings should be

halted and an order can be issued directing the tenant to return the

building to the landlord's possession, unless the tenant shows

sufficient cause to the contrary. The consequence contemplated is

to stop all further proceedings in the appeal.

6. The learned counsel for the petitioner has placed

reliance on the decision of this Court in Jain Abraham v. Best

Buy T.V and Home Appliances [2009(1) KLT 477]. That is a

case where the landlord approached this Court by filing a writ

petition under Article 227 of the Constitution of India, when there

was a considerable delay in disposing of the application under RCREV. NO. 195 OF 2024

2025:KER:37793

Section 12(3) of the Act and certain observation has been made to

the effect that the tenant is statutorily obliged to pay the rent which

falls due subsequently, even after the arrears were cleared. We

find that, ultimately, the court, in the writ petition filed seeking

speedy disposal of the Rent Control Petition, directed the tenant to

pay the subsequent rent also.

7. In the first instance, in a petition filed under Section

12(1) of the Act, the court has to order the tenant to pay the arrears

of rent within a minimum period of four weeks and also to continue

to pay the monthly rent. Consequent to the failure to comply with

the same, the court can pass an order under Section 12(3) of the

Act.

Accordingly, we affirm the order of the appellate authority

and dismiss this revision petition. However, taking note of the fact

that many years have elapsed, we direct the Rent Control Court to

dispose of this matter within two months from today.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE.

Sd/-

JOHNSON JOHN, JUDGE.

ASH RCREV. NO. 195 OF 2024

2025:KER:37793

PETITIONER ANNEXURES

/2022 DATED 22.05.2023 PRAYING TO DIRECT TENANT TO DEPOSIT ARREARS OF RENT FROM MARCH 2022 FILED BEFORE THE HON'BLE RENT CONTROL COURT, CHERTHALA..

Annexure A1 TRUE COPY OF THE ORDER DATED 26.07.2023 PASSED IN ANN. A APPLICATION BY THE HON'BLE RENT CONTROL COURT, CHERTHALA. Annexure B TRUE COPY OF THE 1ST REVIEW PETITION DATED 19.10.2023 FILED BY THE TENANT AGAINST ANN. A ORDER BEFORE THE HON'BLE RENT CONTROL COURT, CHERTHALA.

Annexure B1 TRUE COPY OF THE OBJECTION DATED 04.11.2023, FILED BY THE LANDLORD FILED TO THE 1ST REVIEW PETITION.

Annexure B2 TRUE COPY OF THE ORDER DATED 15.12.2023 PASSED IN ANN. B 1ST REVIEW PETITION APPLICATION BY THE HON'BLE RENT CONTROL COURT, CHERTHALA.

Annexure C TRUE COPY OF THE 2ND REVIEW PETITION DATED 13.02.2024 FILED BY TENANT BEFORE THE HON'BLE RENT CONTROL COURT, CHERTHALA.

Annexure C1 TRUE COPY OF THE OBJECTION DATED MARCH 2023 FILED BY LANDLORD THE HON'BLE RENT CONTROL COURT, CHERTHALA. (DATE NOT KNOWN) Annexure C2 CERTIFIED COPY OF THE ORDER WAS PASSED BY THE HON'BLE RENT CONTROL COURT, CHERTHALA, IN THE 2ND REVIEW PETITION. DATED 13.3.2024, IN I.A.NO.4/2024 IN

Annexure D TRUE COPY OF THE APPEAL AS RCA O. 12 OF 2024 DATED 01.04.2024 BEFORE HON'BLE RENT CONTROL APPELLATE AUTHORITY, ALZPPUZHA Annexure D1 CERTIFIED COPY OF THE ORDER DATED 04.09.2024 PASSED BY HON'BLE RENT CONTROL APPELLATE AUTHORITY, ALZPPUZHA, IN RCA 12 OF 2024.

Annexure E CERTIFIED COPY OF THE ORDER OF THE HON'BLE RENT CONTROL COURT, CHERTHALA IN IN I. A. NO. 4 OF 2024 IN RCP NO. 4 OF 2022 DATED 13.03.2024 RCREV. NO. 195 OF 2024

2025:KER:37793

Annexure B TRANSLATION OF ANNEXURE B (TRUE COPY OF THE 1ST REVIEW PETITION DATED 19.10.2023 FILED BY THE TENANT AGAINST ANN. A ORDER BEFORE THE HON'BLE RENT CONTROL COURT, CHERTHALA.) Annexure B1 TRANSLATION OF ANNEXURE B1 (TRUE COPY OF THE OBJECTION DATED 04.11.2023, FILED BY THE LANDLORD FILED TO THE 1ST REVIEW PETITION.) Annexure C TRANSLATION OF ANNEXURE C (TRUE COPY OF THE 2ND REVIEW PETITION DATED 13.02.2024 FILED BY TENANT BEFORE THE HON'BLE RENT CONTROL COURT, CHERTHALA.)