OP (RC) No. 126 of 2021

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **THURSDAY, THE 9[TH] DAY OF DECEMBER 2021/18TH AGRAHAYANA, 1943 OP (RC) NO. 126 OF 2021** **EARLY DISPOSAL OF I.A.NO.2 OF 2021 IN R.C.P.NO.59 OF 2021 OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF), KOCHI PETITIONER/PETITIONER/LANDLORD:** **SAFIA AGED 60 YEARS W/O. ABUBECKER, MANYIL HOUSE, KEERTHI NAGAR JUNCTION, ELAMAKKARA (P.O), ERNAKULAM-682 026** **BY ADVS.K.RAJESH KANNAN AJITH C.R. SEETHA.P** ## **RESPONDENT/RESPONDENT/TENANT:** **ANU CHACKO AGED 29 YEARS W/O.SUBIN THOMAS, KALAMBATTU, VETTAMPARA (P.O), PINDIMANA, ERNAKULAM-686 681** **THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -2- OP (RC) NO. 126 OF 2021 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioner, who is a senior citizen aged 60 years, filed R.C.P.No.59 of 2021 before the Rent Control Court (III[rd] Additional Munsiff), Ernakulam, a petition filed under Sections 11(2)(b) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent hereintenant from the petition schedule building. Along with the Rent Control Petition, the petitioner filed I.A.No.2 of 2021 (Ext.P6) invoking the provisions under Section 12 of the Act, seeking an order directing the tenant to pay or deposit all the rent arrears. Now, the grievance of the petitioner is the delay in disposal of the R.C.P.No.59 of 2021 and also I.A.No.2 of 2021 filed in the Rent Control Petition, under Section 12 of the Act. 2. Heard the learned counsel for the petitionerlandlord. Considering the nature of relief proposed to be granted, we deem it appropriate to dispense with service of notice on the respondent-tenant. 3. The learned counsel for the petitioner would submit that a time bound consideration of I.A.No.2 of 2021 and -3- OP (RC) NO. 126 OF 2021 R.C.P.No.59 of 2021 is highly essential. 4. In this original petition filed under Article 227 of the Constitution of India, the petitioner is seeking disposal of I.A.No.2 of 2021 in R.C.P.No.59 of 2021, pending before the Rent Control Court, Ernakulam, within a time frame to be fixed by this Court. 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 -4- OP (RC) NO. 126 OF 2021 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 -5- OP (RC) NO. 126 OF 2021 by him to the Rent Control Court or the Appellate Authority in that behalf. 6. Section 12(1) of the Act enjoins a tenant, against whom an application for eviction has been made by a landlord under Section 11, to pay to the landlord, or deposit with the Rent Control Court, 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 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, in order to contest that application for eviction before the Rent Control Court. Similarly, Section 12(1) of the Act enjoins a tenant, in order 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, to pay the landlord, or deposits with the Appellate Authority, 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 Appellate Authority. -6- OP (RC) NO. 126 OF 2021 7. 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. 8. 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 -7- OP (RC) NO. 126 OF 2021 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. 9. 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). 10. In **Suvarna v. Ibrahimkutty and others [2021 (6) KHC 250]** this Court held that 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 -8- OP (RC) NO. 126 OF 2021 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. 11. Having considered the submissions made by the learned counsel for the petitioner, we deem it appropriate to dispose of this original petition with the following directions: i) On receipt of a certified copy of this judgment, the petitioner shall move an application before the Rent Control Court, to advance R.C.P.No.59 of 2021 to a near date. ii) In case the respondent-tenant is yet to file counter in -9- OP (RC) NO. 126 OF 2021 - I.A.No.2 of 2021 in R.C.P.No.59 of 2021, the same shall be filed within a period of two weeks from such posting; - iii) Thereafter, the Rent Control Court shall pass appropriate orders on I.A.No.2 of 2021 in R.C.P.No.59 of 2021, strictly in accordance with the provisions under Section 12 of the Act, as expeditiously as possible, at any rate, within a further period of one month; - iv) Insofar as the final disposal of R.C.P.No.59 of 2021 is concerned, it is for the petitioner-landlord to move an application for expeditious disposal of R.C.P.No.59 of 2021 once pleadings are complete. Then the Rent Control Court shall take an appropriate decision on that application in accordance with law. Sd/- ## **ANIL K.NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** AV/10/12 -10- OP (RC) NO. 126 OF 2021 ## **APPENDIX OF OP (RC) 126/2021** ## **PETITIONER EXHIBITS** **Exhibit P1** **TRUE PHOTOCOPY OF THE RENT DEED EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT ON 26.5.2018** **Exhibit P2** **TRUE PHOTOCOPY OF COMPROMISE DATED 25.9.2020 IN RCP NO.205/2019 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT** **Exhibit P3** **TRUE PHOTOCOPY OF ORDER DATED 6.1.2021 IN RCP NO.205/2019 OF THE RENT CONTROL COURT, ERNAKULAM** **Exhibit P4** **TRUE PHOTOCOPY OF RENT DEED DATED 7.10.2020 ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT** **Exhibit P5** **TRUE PHOTOCOPY OF THE RCP NO.59/2021 FILED BEFORE THE HON'BLE RENT CONTROL COURT, ERNAKULAM DATED 15.3.2021** **Exhibit P6** **TRUE PHOTOCOPY OF THE PETITION IN IA NO.2/2021 IN RCP NO.59/2021 ON THE FILE OF HON'BLE RENT CONTROL COURT, ERNAKULAM**