[Cites 1, Cited by 0]
Kerala High Court
M/S.New Horizon Mosaics vs Ani.P.K on 6 January, 2026
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2026:KER:459
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
RCREV. NO. 1 OF 2026
AGAINST THE ORDER/JUDGMENT DATED 04.12.2025 IN RCA
NO.5 OF 2025 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT-II/RENT CONTROL APPELLATE AUTHORITY, PATHANAMTHITTA/
II ADDL.M.A.C.T.
REVISION PETITIONER/RESPONDENTS & APPELLANTS/RESPONDENTS:
1 M/S.NEW HORIZON MOSAICS
WEST OTHARA P.O, KUTTOOR VILLAGE,
THIRUVALLA TALUK, REPRESENTED BY ITS MANAGING
PARTNER, SAM JOSE, AGED 68 YEARS, S/O.VARGHESE
SAMUEL, RESIDING AT THOZHUVATHINKAL HOUSE, NEDUMPRAM
P.O, PADINJAREKARA MURI, NEDUMPRAM VILLAGE,
THIRUVALLA TALUK. PATHANAMTHITTA,
PIN - 689102
2 SAM JOSE
AGED 68 YEARS
MANAGING PARTNER, S/O.VARGHESE SAMUEL,
THOZHUVATHINKAL HOUSE, NEDUMPRAM P.O,
PADINJAREKARA MURI, NEDUMPRAM VILLAGE, THIRUVALLA
TALUK. PATHANAMTHITTA, PIN - 689102
3 TOM JOSE
AGED 55 YEARS
PARTNER OF M/S.NEW HORIZON MOSAICS,
S/O.JOSE THOMAS, KAYYALETHUMALAYIL HOUSE,
THYMARAVUMKARA MURI, KUTTOOR VILLAGE, THIRUVALLA
TALUK.. PATHANAMTHITTA, PIN - 689551
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SHRI.MANU SANKAR P.
SHRI.AMAL AMIR ALI
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RESPONDENTS/PETITIONERS & RESPONDENTS/PETITIONERS:
1 ANI.P.K
S/O.KUNJUKUTTY, PAZHAYIDATHU HOUSE, THOLASSERY
MURI, THIRUMOOLAPURAM P.O, THIRUVALLA VILLAGE,
THIRUVALLA TALUK,
PIN - 689115
2 RANNIE.P.ANI
W/O. P.K.ANI, PAZHAYIDATHU HOUSE,
THOLASSERY MURI, THIRUMOOLAPURAM P.O,
THIRUVALLA VILLAGE, THIRUVALLA TALUK,
PIN - 689115
3 MELVIN ANI ABRAHAM
S/O.P.K.ANI, PAZHAYIDATHU HOUSE,
THOLASSERY MURI, THIRUMOOLAPURAM P.O,
THIRUVALLA VILLAGE, THIRUVALLA TALUK, PRESENTLY
RESIDING AT UNITED KINGDOM
REPRESENTED BY FATHER AND POWER OF ATTORNEY
HOLDER, ANI.P.K, S/O.LATE.P.M.KUNJUKUTTY,
PAZHAYIDATHU HOUSE, THOLASSERY MURI,
THIRUMOOLAPURAM P.O, THIRUVALLA VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT,
KERALA, PIN - 689115
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 06.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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ORDER
Dr.A.K.Jayasankaran Nambiar, J.
This rent control revision petition is filed by the tenants in
RCP.No.7/2023 on the file of the Rent Control Court, Thiruvalla.
The brief facts necessary for the disposal of this revision petition
are as follows;
2. The rent control petition was preferred by the landlord
under Section 11(2)(b) of the Kerala Buildings (lease and Rent
Control) Act, 1965. Based on a lease agreement entered into
between the petitioners herein and the landlord, the petitioners
were obliged to pay a sum of Rs.85,000/- per month to the
respondent-landlord. A perusal of the lease deed indicated that of
the aforesaid sum of Rs.85,000/-, an amount of Rs.50,000/- per
month was to be towards rent and an amount of Rs.35,000/- per
month was to be paid towards monthly maintenance charges for
the premises occupied by the petitioners. It is not in dispute that
for the period up to 01.12.2020, the petitioners had paid the
amounts of rent and maintenance charges as envisaged under the
lease deed. It would appear however, that w.e.f. 01.12.2020, citing
some dispute with regard to the quantum of maintenance charges
to be paid, the petitioners herein refrained from paying any amount
to the landlord by way of rent and maintenance charges. It was
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under these circumstances, that the landlord proceeded to file the
rent control petition under Section 11(2)(b) of the Kerala Buildings
(lease and Rent Control) Act, 1965, citing non-payment of rent.
3. The Rent Controller found that the rent payable by the
petitioners-tenants to the landlord in terms of the lease deed was
of the entire amount of Rs.85,000/- per month. Finding that the
petitioners herein had not paid the said amount mentioned in the
lease deed, the Rent Controller allowed the rent control petition
and directed the petitioners to put the landlord in vacant
possession of the petition schedule shop rooms.
4. In an appeal preferred by the petitioners before the rent
control appellate authority, an application under Section 12 was
preferred by the landlord pointing out that the appeal preferred by
the petitioners could not be proceeded with unless and until the
petitioners deposited the admitted arrears of rent. By the order
impugned in this revision petition, the appellate authority found
force in the contention of the petitioner that out of the amount of
Rs.85,000/- that was mentioned as payable to the landlord under
the lease deed, an amount of Rs.35,000/- was towards maintenance
charges and only Rs.50,000/- was payable towards rent. For the
purposes of the deposit envisaged under Section 12, therefore, the
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appellate court directed that the amount of Rs.50,000/- per month
be taken as the rent payable and the admitted rent for the period
from 01.12.2020 be computed accordingly. The application under
Section 12(1) was therefore allowed in part, and the petitioners
herein were directed to deposit the arrears of rent from 01.12.2020
till date at the rate of Rs.50,000/- per month on or before
05.01.2026. The petitioners were also directed to continue to pay
or deposit the said amount which subsequently became due on the
16th day of every month until termination of the proceedings before
the appellate court.
5. In the revision before us, it is the submission of Sri. Jacob
P. Alex, the learned counsel for the petitioners, placing reliance on
the judgments of this Court in Sadique v. Mohammed Umair
(2017(3) KLT 759) and Unnikrishnan v. John Victor (2025(6) KLT
738), that in so far as the petitioners-tenants have throughout been
disputing the existence of any arrears of rent, the rent controller
and appellate authority ought not to have found that there was a
non-payment of arrears of rent. It is his further contention that
inasmuch as the appellate authority has found, at least prima facie,
that only Rs.50,000/- per month could be attributed to rent
payment, the amounts earlier paid by the petitioners towards
maintenance charges had to be seen as excess payments made by
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the petitioners to the landlord in respect of rent. It is also pointed
out by the learned counsel that the matter has been posted before
the appellate court for passing final orders under Section 12(3) of
the Act on 07.01.2026 (tomorrow) and hence, urgent orders would
be required from this Court to prevent the appellate court from
proceeding with the Section 12(3) order.
6. We have heard Sri.Jacob P. Alex, the learned counsel for
the petitioners. In the light of the order that we propose to pass,
we do not deem it necessary to hear the respondents.
7. On a consideration of the impugned order of the appellate
court, we find that inasmuch as the petitioners had never disputed
the clause in the lease deed that the rent payable for the premises
occupied by them was Rs.50,000/- per month, they cannot be heard
to say that there was no admitted arrears of rent,especially when
they had not paid the rent amount at the rate of Rs.50,000/- per
month for the period from 01.12.2020 till date. Apart from an
amount of Rs.1,00,000/- allegedly paid on 26.01.2022, the
petitioners have not paid any other amount to the landlord during
the period from 01.12.2020 till date for the premises occupied by
them. The appellate authority while considering the application
under Section 12(1) thought it fit to direct the petitioners herein to
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deposit arrears of rent from 01.12.2020 till date at the rate of
Rs.50,000/- per month which even according to the petitioners is
the amount mentioned in the lease deed as rent payable. In our
view, the petitioners cannot escape from the payment of the said
amount directed by the appellate court as a condition for
continuing the proceedings in the appeal before the said court.
8. We take note of the submission of the learned counsel for
the petitioner that the appellate court has posted the case for
passing orders under Section 12(3) on 07.01.2026. With a view to
providing the petitioners an opportunity to effect the payment of
admitted rent amount at the rate of Rs.50,000/- per month from
01.12.2020 till the date of payment, we direct the Rent Control
Appellate Authority (Addl. District & Sessions Court- II),
Pathanamthitta to keep in abeyance further proceedings in
I.A.No.06/2025 in RCA.05/2025 for a period of six weeks from
today so as to enable the petitioners herein to deposit the said
amount in the meanwhile. We make it clear that on the expiry of
the period of six weeks, the Rent Control Appellate Authority shall
ascertain whether the payment as directed by us has been made,
and only thereafter, shall the appellate authority pass orders as per
law under Section 12(3) of the Act and thereafter proceed with the
appeal on merits, if necessary.
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The Registry of this Court shall forthwith communicate
the gist of this order to the Rent Control Appellate Authority (Addl.
District & Sessions Court-II), Pathanamthitta for adjourning the
consideration of the RCA.No.05/2025 by six weeks.
Sd/-
DR.A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
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APPENDIX OF RCREV. NO. 1 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE LEGAL NOTICE DATED
23-12-2022 ISSUED ON BEHALF OF THE
RESPONDENTS
Annexure 2 TRUE COPY OF THE REPLY NOTICE DATED
31-12-2022 ISSUED ON BEHALF OF
REVISION PETITIONERS
Annexure 3 CERTIFIED COPY OF THE ORDER DATED 23-
11-2024 IN RCP NO. 7 OF 2023 OF THE
COURT OF RENT CONTROLLER, THIRUVALLA
Annexure 4 TRUE COPY OF THE IA NO. 6 OF 2025 IN
RCA NO. 5 OF 2025 ON THE FILES OF
RENT CONTROL APPELLATE AUTHORITY,
PATHANAMTHITTA
Annexure 5 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED IN IA NO. 6 OF 2025 IN RCA NO.
5 OF 2025 ON THE FILES OF RENT
CONTROL APPELLATE AUTHORITY,
PATHANAMTHITTA
Annexure 6 TRUE COPY OF THE LEASE DEED DATED 08-
10-2013
