Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 5TH DAY OF JANUARY 2022 / 15TH POUSHA, 1943 EARLY DISPOSAL OF I.A.NO.1 OF 2020 IN R.C.P.NO.5 OF 2020 ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF), CHAVAKAD PETITIONER:
B2 BUILDERS AND DEVELOPERS (P) LTD., DOOR NO.29/184, SHORNUR ROAD, THRISSUR VILLAGE, THRISSUR TALUK, PIN-680001, REPRESENTED BY ITS MANAGING DIRECTOR, K BHARATHAN @ BHARATHAN MENON @ BHARATHAN KONDOTH, S/O BALAKRISHNAN NAIR, RESIDING AT KONDOTH HOUSE, MULLAPALI, POONKUNNAM P. O., THRISSUR VILLAGE, THRISSUR DISTRICT, PIN-680002. BY ADVS. DINESH MATHEW J.MURICKEN K.A.ABHILASH VINOD S. PILLAI MOHAMMED THAYIB N.M. NAYANA VARGHESE AHAMMAD SACHIN K. ANSU SARA MATHEW
RESPONDENT: BIBIN, AGED 34 YEARS, S/O SUBRAMANIYAN, PODIYADA HOUSE, THANDILAM DESAM, VELLATTANJUR VILLAGE, THALAPILLI TALUK, THRISSUR DISTRICT, PIN-680601. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 05.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this original petition under Article 227 of the Constitution of India, seeking an
order directing the Rent Control Court (Munsiff),
Chavakad to dispose of I.A.No.1 of 2020 in R.C.P.No.5 of 2020, as expeditiously as possible, at any rate, within a period of one month.
2. Going by the averments in the original
petition, the petitioner filed R.C.P.No.5 of 2020 before the Rent Control Court, Chavakad, seeking eviction of respondent herein-tenant from the petition schedule
shop room bearing No.XV/173/1 and 173/2 of Guruvayoor Municipality. The petitioner has also filed I.A.No.1 of 2020 (Ext.P2), invoking the provisions under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking an order directing the tenant to deposit the arrears of rent amounting to Rs.5,15,235.90/- and continue to pay rent for the
subsequent period and in case of default to put the landlord in vacant possession of the petition schedule shop room. The respondent-tenant filed Ext.P3 objection in I.A.No.1 of 2020, which is one dated 22.03.2021. Now, the grievance of the petitioner is that Rent Control Court is yet to take an appropriate decision in that interlocutory application.
3. Heard the learned counsel for the petitioner. Considering the nature of relief proposed to be granted, service of notice on the respondent-tenant is dispensed with.
4. The grievance of the petitioner-landlord is
that there is delay on the part of the Rent Control Court in taking an appropriate decision in I.A.No.1 of 2020 filed by the landlord, invoking the provisions under Section 12 of the Act.
5. Section 12 of the Act deals with payment or deposit of rent during the pendency of proceedings for
eviction. As per Section 12(1), no tenant against whom an application for eviction has been made by a landlord under Section 11, shall be entitled to contest the application before the Rent Control Court under that Section, or to prefer an appeal under Section 18 against any order made by the Rent Control Court on the application, unless he has paid or pays to the landlord, or deposits with the Rent Control Court or the Appellate Authority, as the case may be, all arrears of rent admitted by the tenant to be due in respect of the building up to the date of payment or deposit, and continues to pay or to deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the Appellate Authority, as the case may be. As per Section 12(2), the deposit under sub- section (1) shall be made within such time as the court may fix and in such manner as may be prescribed and
shall be accompanied by the fee prescribed for the service of notice referred to in sub-section (4). As per the proviso to Section 12(2), the time fixed by the court for the deposit of the arrears of rent shall not be less than four weeks from the date of the order and the time fixed for the deposit of rent which subsequently accrues due shall not be less than two weeks from the date on which the rent becomes due. As per Section 12(3) of the Act, if any tenant fails to pay or to deposit the rent as aforesaid, the Rent Control Court or the Appellate Authority, as the case may be, shall, unless the tenant shows sufficient cause to the contrary, stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building. As per Section 12(4), when any deposit is made under sub-section (1), the Rent Control Court or the Appellate Authority, as the case may be, shall cause notice of the deposit to be served on the landlord in the prescribed
manner, and the amount deposited may, subject to such conditions as may be prescribed, be withdrawn by the landlord on application made by him to the Rent Control Court or the Appellate Authority in that behalf.
6. The liability of a tenant under Section 12(1)
of the Act, against whom an application for eviction has been made by a landlord under Section 11, or who prefer an appeal under Section 18 of the Act, against any order made by the Rent Control Court on an application made by a landlord under Section 11, is limited to all arrears of rent admitted by the tenant to be due in respect of the building, up to the date of payment or deposit, and he shall continue to pay or deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the Appellate Authority, as the case may be.
7. The object of the provisions of Section 12(1)
of the Act is to deny the defaulting tenant the right to contest the application for eviction before the Rent Control Court, or to prefer an appeal under Section 18 of the Act against any order made by the Rent Control Court on an application made by a landlord under Section 11, unless he pays to the landlord, or deposits with the Rent Control Court or the Appellate Authority, as the case may be, all arrears of rent admitted by him to be due in respect of the building, up to the date of payment or deposit, and continues to pay or to deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the Appellate Authority, as the case may be.
8. Section 12(2) of the Act enjoins a tenant to
deposit the admitted rent under sub-section (1), within such time as the court may fix and in such manner as may be prescribed. The time fixed by the court for the
deposit of the arrears of rent and the time fixed for the deposit of rent which subsequently accrues due shall not be less than that specified in the proviso to Section 12(2). As per the statutory mandate of Section 12(1), on an application filed by the landlord under Section 12, the Rent Control Court or the Appellate Authority, as the case may be, has to order payment or deposit of arrears of rent admitted by the tenant to be due in respect of the petition schedule building, up to the date of payment or deposit and the tenant shall also be directed to continue to pay or deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the Appellate Authority, regardless of the relief sought for in that application. Therefore, even in a case in which the relief sought for in an application filed under Section 12 of the Act is confined to payment or deposit of admitted arrears of
rent up to the date of application or up to the date of
order to be passed in that application, the Rent Control
Court or the Appellate Authority, as the case may be, is statutorily bound to pass an order directing the tenant to pay or deposit admitted arrears of rent up to the date of payment or deposit and continue to pay or deposit rent which may subsequently become due, until termination of that proceedings. In such circumstances, this original petition is disposed of by directing the Rent Control Court to take an appropriate decision in I.A.No.1 of 2020 in R.C.P.No.5 of 2020, strictly in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of production of a certified copy of this judgment.
Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE MIN APPENDIX OF O.P.(RC)No.4 OF 2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PETITION IN R C P NO.5/2020 ON THE FILE OF RENT CONTROL COURT, CHAVAKAD, DATED 31.01.2020. Exhibit P2 TRUE COPY OF THE I A NO.1/2020 IN R C P NO.5/2020 ON THE FILE OF RENT CONTROL COURT, CHAVAKAD DATED 31.01.2020. Exhibit P3 TRUE COPY OF THE OBJECTION IN R C P NO.5/2020 ON THE FILE OF RENT CONTROL COURT, CHAVAKAD DATED 22.03.2021.