D. Dileep Kumar v. Suraj N.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 RCREV. NO. 158 OF 2022** **[AGAINST THE ORDER IN RCP 13/2019 OF MUNSIFF COURT, NORTH PARAVUR & RCA 8/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH PARAVUR/I ADDITIONAL MACT, NORTH PARAVUR]** **REVISION PETITIONER/APPELLANT IN rca nO.8/2021/RESPODNENT IN RCPNO.13/2019:** D.DILEEP KUMAR AGED 37 YEARS S/O.DIVAKARAN NAIR, RESIDING AT: PANAVILLIL HOUSE (JYOTHI), PARAVOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683513 BY ADVS. GIBI.C.GEORGE LATHA SUSAN CHERIAN ## **RESPONDENT/RESPONDENT IN RCA NO.8/2021/PETITIONER IN RCP** **NO.13/2019:** SURAJ.N AGED 50 YEARS S/O.NANAPPAN, NANDANAM HOUSE, CHERIYAPALLAMTHURUTH, PARAVOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683513 BY ADVS. ## R.C.R.NO.158 OF 2022 :-2-: K.R.PRATHISH P.K.SREEVALSAKRISHNAN(K/581/2005) **THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 22.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## R.C.R.NO.158 OF 2022 :-3-: ## **O R D E R** ## **SHOBA ANNAMMA EAPEN, J.** The petitioner is the tenant. The respondent-landlord filed R.C.P. No.13 of 2019 before the Rent Control Court, North Paravur, seeking eviction of the petitioner under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). Thereupon, the respondent-landlord filed I.A.No.1 of 2020 in the R.C.P. under Section 12 of the Act. On 19.02.2021, an order was passed by the Rent Control Court directing the petitionertenant to deposit the admitted arrears before the Rent Control Court within two weeks. I.A.Nos.4 of 2021 and 5 of 2021 were filed by the petitioner-tenant seeking enlargement of time which were dismissed. Since the petitioner failed to deposit arrears of rent admitted to be due, in terms of the order dated 19.02.2021 under Section 12(1) of the Act and since the reasons put forth by the petitioner-tenant were not satisfactory, the Rent Control Court on 24.08.2021 passed an order under Section 12(3) of the Act. Further proceedings in the rent control petition was R.C.R.NO.158 OF 2022 :-4-: stopped and the petitioner was directed to put the respondent in vacant possession of the petition schedule building within two months from the date of that order. The petitioner filed an appeal, R.C.A.No.8 of 2021, under Section 18 of the Act. The Rent Control Appellate Authority (Additional District Judge), North Paravur, did not accept the contentions of the petitioner and the appeal was dismissed as per judgment dated 17.08.2022. Challenging the judgment and the order, this revision under Section 20 of the Act has been filed by the petitioner. 2. Heard the learned counsel appearing for the petitioner in detail. 3. The scheduled building was let out by respondent/landlord to the petitioner/tenant for a monthly rent of Rs.15,000/- as per a rent agreement. Provisions of Section 12(1) of the Act permit to act upon the admitted rate of rent. 4. As per Section 12(1) of the Act, the court has jurisdiction to direct the tenant to deposit the arrears of rent ## R.C.R.NO.158 OF 2022 :-5-: admitted to be due. Thus, in I.A.No.1 of 2020 filed by the respondent/landlord claiming arrears of rent, the court below, on 19.02.2021 passed an order directing the petitioner/tenant to deposit the arrears of rent @ Rs.15,000/- from the month of April 2019 till the date of payment and continue to pay or deposit the rent for the subsequent months, within two weeks from the date on which such rent falls due. 5. The petitioner did not comply with the order instead filed I.A Nos.4/2021 and 5/2021 for enlargement of time for payment of arrears of rent. The court below dismissed the interlocutory applications filed by the petitioner. Thereafter, the court below gave an opportunity to the petitioner/tenant to deposit the admitted arrears of rent or to show sufficient cause for not depositing the rent arrears. The petitioner/tenant filed an affidavit in response to the show cause notice for not evicting him under Section 12(3) of the Act stating financial stringency due to Covid-19 pandemic. Since the reasons put forth by the petitioner/tenant were not satisfactory, the Rent Control Court passed the order dated ## R.C.R.NO.158 OF 2022 :-6-: 24.08.2021 and petitioner/tenant filed R.C.A.No.8 of 2021 before the Appellate Authority. That appeal was, however, dismissed as per judgment dated 17.08.2022. 6. The learned counsel appearing for the petitioner would contend that both the courts below did not consider the aspect that the non-payment of arrears of rent was only due to financial stringency due to Covid-19 pandemic. The petitioner/tenant was running a stationery business and his customers were mainly school students and due to the outbreak of Covid-19 pandemic, the schools were remaining closed and hence the petitioner was not having any business and was in great financial stringency and therefore, the order passed under Section 12(3) of the Act is unsustainable in law. 7. The Appellate Authority dismissed R.C.A.No.8 of 2021 on 17.08.2022 and by that time, the petitioner was obliged to pay rent till August, 2022 in terms of the order of the Rent Control Court. The petitioner/tenant has not made any payment from April 2019 onwards. 8. The issue that arises for consideration in this Rent ## R.C.R.NO.158 OF 2022 :-7-: Control Revision is whether any interference is warranted on the Judgment dated 17.08.2022, whereby the order of eviction granted by the Rent Control Court under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 in R.C.P No.13/2019 stands confirmed. 9. Pursuant to the order in I.A.No.1/2020 dated 19.02.2021 directing the petitioner/tenant to pay the arrears of rent from April 2019 within two weeks, the petitioner did not care to make any payment. Instead the petitioner filed R.C.A.No.5/2021 before the Appellate Authority against the order dated 19.02.2021 and it was dismissed on 12.08.2022 as not maintainable. 10. In the meantime I.A.No.4/2021 was filed seeking enlargement of time for further period of three months from 18.03.2021 which was dismissed. Further I.A.No.5/2021 was filed by the petitioner/tenant seeking the relief of cancelling the order dated 19.02.2021 in I.A.No.1/2021 or to enlarge the time for depositing the arrears of rent for a further period of 6 months. The said petition was also dismissed. Even after, the ## R.C.R.NO.158 OF 2022 :-8-: filing of petitions and its dismissal, the court below gave further opportunity to the petitioner to deposit the admitted arrears of rent or to show sufficient cause. Providing a further opportunity for effecting the payment of arrears of rent or to make deposit, is not mandatory. If no sufficient cause is shown, it is absolutely within the authority and competence to stop the proceedings and direct the tenant to put the landlord in possession of the building. However one more opportunity was granted by the court below for depositing the admitted arrears of rent or to show sufficient cause for not paying the arrears of rent. The petitioner filed affidavit stating that the petitioner has been conducting sale of school stationery items and his business was very badly affected due to Covid-19 pandemic and hence was unable to make the payment. No satisfactory explanation was offered by the petitioner nor did he deposit the admitted arrears of rent from April 2019 onwards. 11. In order to avoid the proceedings under Section 12(3) of the Act, the petitioner should have made deposits of admitted arrears of rent at least at the time of the show ## R.C.R.NO.158 OF 2022 :-9-: cause notice, which the petitioner failed to do. 12. Section 20 of the Kerala Buildings (Lease and Rent Control) Act deals with revision. As per sub-section (1) of Section 20, in cases, where the appellate authority empowered under Section 18 is a Subordinate Judge, the District Court, and in other cases the High Court, may, at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceedings taken under this Act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceedings, and may pass such order in reference hereto as it thinks fit. As per sub-section (2) of Section 20 of the Act, the costs of an incident to all proceedings before the High Court or District Court under subsection (1) shall be in its discretion. 13. In **Rukmini Amma Saradamma v. Kallyani Sulochana [(1993) 1 SCC 499]** , the scope of revisional powers of the High Court under Section 20 of the Kerala Buildings (Lease and rent Control) Act, 1965, came up for R.C.R.NO.158 OF 2022 ## :-10-: consideration before the Three-Judge Bench of the apex Court and it was held that however wide the jurisdiction of the revisional court under Section 20 of the Act may be, it cannot have jurisdiction to re-appreciate the evidence and substitute its own finding upsetting the finding arrived at by the appellate authority. The Rent Control Court as well as the Appellate Court have considered the case in detail and appreciated all the contentions raised by the petitionertenant. In the circumstances, the order dated 24.08.2021 passed by the Rent Control Court cannot be found fault with. The appellate authority after considering all the aspects has confirmed the said order as per its judgment dated 17.08.2022. The findings therein are not suffering from any illegality, irregularity or impropriety. We, therefore, find no reason to interfere with the impugned order and the judgment in the exercise of the powers of this Court under Section 20 of the Act. ## R.C.R.NO.158 OF 2022 :-11-: In the result, the Rent Control Revision fails and the same is accordingly dismissed. However, the petitioner is given one month's time from today to deposit the arrears of rent. Sd/- ## **A.MUHAMED MUSTAQUE** **JUDGE** sd/- **SHOBA ANNAMMA EAPEN** **JUDGE** MBS/