Kerala High Court
Riswana vs Joseph Martin on 18 September, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RCREV. NO. 214 OF 2025 1 2025:KER:69853
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
RCREV. NO. 214 OF 2025
AGAINST THE JUDGMENT DATED 02.08.2025 IN RCA NO.6 OF
2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
VII/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM/III
ADDITIONAL MACT, ERNAKULAM ARISING OUT OF THE ORDER DATED
22.01.2025 IN RCP NO.154 OF 2023 OF III ADDITIONAL MUNSIFF
COURT, ERNAKULAM (RENT CONTROL)
REVISION PETITIONER/APPELLANT/RESPONDENT:
RISWANA
AGED 39 YEARS
W/O.SHANAVAS,
SHOP ROOM DOOR NO.44/2214 D1,
SECOND FLOOR,
HOLY TUESDAY SHOPPING MALL,
KALOOR.P.O., ERNAKULAM,
PIN - 682017
BY ADVS.
SHRI.M.S.UNNIKRISHNAN
SRI.AADITYA NAIR
SMT.M.ARDRA KRISHNAN
SHRI.SOHAN VARGHESE FRANCIS
SMT.ANUSREE B.
SMT.RESHMA K.
RCREV. NO. 214 OF 2025 2 2025:KER:69853
RESPONDENT/RESPONDENT/PETITIONER:
JOSEPH MARTIN
AGED 62 YEARS
S/O.LATE N.A. MARTIN,
NILAVARETH HOUSE
ST.ANTONY'S CHURCH ROAD
KALOOR,
PIN - 682017
BY ADVS.
SRI.BASIL MATHEW
SRI.NINAN JOHN
SMT.SANJANA SARA VARGHESE ANNIE
SMT.ARYA A.R.
SMT.MARGRET MARIA SIJU
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 18.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
RCREV. NO. 214 OF 2025 3 2025:KER:69853
ORDER
A.Muhamed Mustaque, J.
This Rent Control Revision is filed by the tenant, who
suffered an order under Section 12(3) of the Kerala Building
(Lease and Rent Control) Act, 1965 (hereinafter referred to as
'the Act' for short), and preferred an appeal before the Rent
Control Appellate Authority, Ernakulam in RCA No.6 of 2025. In
the appeal, the landlord filed a fresh application under Section
12(1) of the Act on the basis of the statement filed by the tenant
before the Appellate Authority. As per that statement, the
admitted rent was Rs.42,000/-, which had been in arrears from
November 2023 onwards. Based on the said statement, the Rent
Control Appellate Authority directed the tenant to deposit the
arrears within four weeks and further directed the tenant to
deposit the rent falling due subsequently from time to time.
However, no rent was paid and no sufficient cause was shown.
Accordingly, the Appellate Authority passed an order under
Section 12(3) of the Act, stopping the entire proceedings and
directing that the tenant be put out of possession. This order is
under challenge in the present revision.
RCREV. NO. 214 OF 2025 4 2025:KER:69853
2. According to the learned counsel for the petitioner,
an execution petition has already been laid based on the original
order passed by the Rent Controller under Section 12(3) of the
Act, and the execution cannot be continued on the basis of the
present order passed by the Appellate Authority. We have to
remind ourselves that we are not sitting in execution. We are
only entertaining a revision. If there is any infirmity in the
execution, it is for the petitioner to raise such contention before
the execution court and not before this Court. As of now, the
order passed under Section 12(3) of the Act is based on the
statement filed by the tenant before the Appellate Authority, and
since the tenant has failed to discharge the arrears of rent within
the time stipulated, there is no scope for interference.
The Rent Control Revision, therefore, stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
rkj
RCREV. NO. 214 OF 2025 5 2025:KER:69853
RESPONDENT ANNEXURES
Annexure R1(a) The true copy of the statement of
admitted arrears of rent dated
01.04.2025 filed by the Revision
Annexure R1(b) The true copy of I.A. No. 4/2025 dated
27.05.2025 filed by the Respondent, in
RCA 6/2025 on the files of Rent Control
Appellate Authority, Ernakulam
Annexure R1(c) The true copy of the order dated
03.06.2025 in I.A. No. 4/2025 in R.C.A
6/2025 on the files of Hon'ble Rent
Control Authority, Ernakulam
Annexure R1(e) The true copy of statement of arrears of
rent dated 16.09.2025
Annexure R1(d) The true copy of the I.A. No. 6/2025
dated 03.06.2025 filed in RCA 6/2025 on
the files of Hon'ble Rent Control
Authority, Ernakulam
PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF THE RCP NO. 154/2023
DATED 9/11/2023 ON THE FILE OF THE RENT
CONTROL COURT ERNAKULAM
Annexure B THE TRUE COPY NOF THE SATEMENT OF
OBJECTION FILED BY THE REVISION
PETITIONER IN NRCP 154/2023 DATED
2/1/2024 ON THE FILE OF THE RENT CONTROL
COURT ERNAKULAM
Annexure C THE TRUE COPY OF THE PETITION FILED BY
THE RESPONDENT U/S 12 OF THE KERALA
BUILDING(LEASE AND RENT CONTROL) ACT
1965 AS IA NO 1/2023 IN RCP 154/2023 ON
THE FILE OF THE RENT CONTROL COURT
ERNAKULAM
Annexure D THE TRUE COPY OF STATEMENT OF OBJECTION
FILED BY THE REVISION PETITIONER TO
ANNEXURE C PETITION DATED 10/1/2024
Annexure E THE TRUE COPY OF RCA NO. 6/2025 FILED BY
THE REVISION PETITIONER PENDING BEFORE
THE HON'BLE DISTRICT COURT ERNAKULAM
Annexure F THE TRUE COPY OF THE PETITION FILED U/S
RCREV. NO. 214 OF 2025 6 2025:KER:69853
12 OF THE KERALA BUILDING LEASE AND RENT
Annexure G THE TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 30/5/2025
Annexure H THE TRUE COPYOF THE BALANCE STATEMENT
DATED 1/4/2025
Annexure I THE TRUE COPY OF THE PETITION PRAYING
FOR INSTALLMENT BENEFIT
Annexure J THE TRUE COPY OF THE ORDER DATED
5/6/2025 IN OP(RC) 106/2025
Annexure K THE TRUE COPY OF THE ORDER DATED
18/7/2025 IN OP(RC) 139/2025
Annexure L THE TRUE COPY OF THE ORDER DATED
11/8/2025 IN OP(RC) 161/2025
Annexure M THE TRUE COPY OF THE ORDER DATED
2/9/2024 IN IA NO.1/2023 IN RCP NO
154/2023 ON THE FILE OF THE RENT CONTROL
COURT ERNAKULAM
Annexure N THE TRUE COPY OF THE ORDER DATED
3/6/2025 IN IA NO. 4/2024 IN RCA NO.
6/2025 ON THE FILE OF THE RENT CONTROL
COURT ERNAKULAM
