OP (RC) Nos. 12 of 2024 and 14 of 2024, High Court of Kerala

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH WEDNESDAY, THE 14[TH] DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 OP (RC) NO. 12 OF 2024 ``` ``` AGAINST THE ORDER DATED 04/11/2023 IN R.C.P.NO.4 OF 2022 OF THE RENT CONTROL COURT (MUNSIFF), MAVELIKKARA PETITIONER/CR.PETITIONER IN I.A.NO.2/2023/PETITIONER IN I.A.07/2023/RESPONDENT IN RCP NO.4/2022: ``` ``` G. KOSHI, AGED 54 YEARS S/O GEEVARGHESE, THUNDUPARAMBIL VEETIL, KOTTARKAVU P.O., MAVELIKARA, ALAPPUZHA DISTRICT, KERALA, PIN - 690101 ``` ``` BY ADVS.S.K.SAJI MAYAMOL T.S. G.R.MANJU ``` ## **`RESPONDENT/PETITIONER IN I.A.NO.2/2023/CR.PETITIONER IN`** ``` I.A.NO.7/2023/PETITIONER IN RCP NO.4/2022: ``` ``` ISSAC THAMPI THAYYIL, AGED 56 YEARS S/O T.C THAMPI, THAYYIL VEETIL, MAVELIKARA P.O., ALAPPUZHA DISTRICT, KERALA, PIN - 690101 ``` ``` BY ADVS.R.REJI M.V.THAMBAN(K/364/1986) THARA THAMBAN(K/497/2001) B.BIPIN(K/297/2007) ARUN BOSE(K/140/2013) JEENA A.V.(K/1146/2006) THOMAS THOMAS(K/1181/2023) ``` ``` THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 14.02.2024, ALONG WITH OP (RC).14/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 OP(RC)No.12 & 14 of 2024 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` WEDNESDAY, THE 14[TH] DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 ``` ``` OP (RC) NO. 14 OF 2024 ``` ``` AGAINST THE ORDER DATED 04/11/2023 IN I.A.NO.2/2023 IN RCP NO.3 OF 2022 OF RENT CONTROL COURT (MUNSIFF), MAVELIKKARA ``` ## **`PETITIONER/RESPONDENT IN I.A.2/2023/PETITIONER IN`** ``` I.A.NO.7/2023/RESPONDENT IN RCP NO.3/2022: ``` ``` ANI VARGHESE, AGED 47 YEARS, S/O GEEVARGHESE, THUNDUPARAMBIL VEETIL, KOTTARKAVU P.O., MAVELIKARA, ALAPPUZHA DISTRICT, KERALA, PIN - 690101 ``` ``` BY ADVS.S.K.SAJI MAYAMOL T.S. G.R.MANJU ``` ``` RESPONDENT/PETITIONER IN I.A.2 OF 2023/RESPONDENT IN ``` ``` I.A.NO.7OF 2023/PETITIONER IN RCP NO.3OF 2022: ``` ``` ISSAC THAMPI THAYYIL, AGED 56 YEARS S/O T.C THAMPI, THAYYIL VEETIL, MAVELIKARA P.O., ALAPPUZHA DISTRICT, KERALA, PIN - 690101 ``` ``` BY ADVS.R.REJI M.V.THAMBAN(K/364/1986) THARA THAMBAN(K/497/2001) B.BIPIN(K/297/2007) ARUN BOSE(K/140/2013) JEENA A.V.(K/1146/2006) THOMAS THOMAS(K/1181/2023) ``` ## **`THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON`** 3 OP(RC)No.12 & 14 of 2024 ``` 14.02.2024, ALONG WITH OP (RC).12/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 OP(RC)No.12 & 14 of 2024 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioners in these original petitions are siblings. The petitioner in O.P.(RC)No.14 of 2024, who is the respondenttenant in R.C.P.No.3 of 2022 on the file of the Rent Control Court (Munsiff), Mavelikkara is presently the Councillor of Mavelikkara Municipality and the petitioner in O.P.(RC)No.12 of 2024, who is the respondent-tenant in R.C.P.No.4 of 2022 is a former Councillor of the very same Municipality. Those Rent Control Petitions are filed by the respondent herein-landlord seeking eviction of the respective tenant from the petition schedule shop rooms bearing Nos.24/260, 24/262 and 24/263 (Old Nos.V/552, V/554 and V/555). 2. The landlord filed R.C.P.Nos.3 and 4 of 2022 seeking eviction of the tenants from the petition schedule shop rooms, invoking the provisions under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, on the ground of arrears of rent, bona fide need and subletting. In those Rent Control Petitions, the respective tenant filed counter. During the pendency of those Rent Control Petitions, the landlord filed I.A.No.2 of 2023 in R.C.P.No.3 of 2022 and I.A.No.2 of 2023 in R.C.P.No.4 of 2022, invoking the 5 OP(RC)No.12 & 14 of 2024 provisions under Section 12 of the Act, seeking an order directing the tenants to deposit the admitted arrears of rent. The tenants filed objections in those interlocutory applications. After considering the rival contentions, the Rent Control Court passed separate orders dated 04.11.2023 in those interlocutory application, whereby the tenants are directed to pay arrears of rent in respect of the petition schedule shop rooms at the rate of Rs.4,400/- per month from the month of September, 2022 till the month of November, 2023 (15 months) to the landlord or to deposit the same before that court, within four weeks. The tenants are further directed to continue to pay or deposit monthly rent for the petition schedule shop rooms at the aforesaid rate, from December, 2023 till the culmination of proceedings in the Rent Control Petitions, on or before 25[th] day of every month. Feeling aggrieved by the orders dated 04.11.2023 in the respective interlocutory application, tenants are before this Court in these original petitions invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. 3. On 01.02.2024, when these original petitions came up for admission, this Court issued notice on admission by special messenger to the respondent-landlord, returnable by 6 OP(RC)No.12 & 14 of 2024 ## 02.02.2024. 4. Heard the learned counsel for the petitioners-tenants in the respective original petitions and also the learned counsel for the respondent-landlord. 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 7 OP(RC)No.12 & 14 of 2024 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. 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 8 OP(RC)No.12 & 14 of 2024 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. 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 9 OP(RC)No.12 & 14 of 2024 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 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. The orders, which are under challenge in these original petitions, are issued by the Rent Control Court in the respective interlocutory applications invoking the powers under Sections 12(1) and (2) of the Act, whereby the tenants are 10 OP(RC)No.12 & 14 of 2024 directed to pay admitted arrears of rent of the respective shop rooms and continue to pay rent for the subsequent period, till culmination of the proceedings before the Rent Control Court, within the time limit specified in those orders. 10. The rent deed in respect of the petition schedule shop rooms, which were executed with the original landlord, who is the father of the petitioner in R.C.P.Nos.3 and 4 of 2022, is before the Rent Control Court, which contains the description of the petition schedule shop rooms and also the rate of rent. 11. On a specific query made by this Court, the learned counsel for the petitioners-tenants would submit that the tenants in the respective Rent Control Petitions have no dispute on the rate of rent fixed in the rent deed in respect of petition schedule shop rooms bearing Nos.24/260, 24/262 and 24/263 (Old Nos.V/552, V/554 and V/555). 12. Section 9(2) of the Act deals with the receipt for payment of rent, as per which, where a landlord refuses to accept, or evades the receipt of any rent lawfully payable to him by a tenant in respect of any building, the tenant may either remit the rent to the landlord by money order after deducting the money order commission and continue to remit any rent which may subsequently become due in respect of the building in the 11 OP(RC)No.12 & 14 of 2024 same manner until the landlord signifies by a written notice to the tenant his willingness to accept the rent or may by notice in writing, require the landlord to specify within ten days from the date of receipt of the notice by him, a bank into which the rent may be deposited by the tenant to the credit of the landlord. 13. As already noticed hereinbefore, the petitionerstenants are not disputing the original rent deeds in respect of the petition schedule shop rooms, which were executed with the original landlord, who is the father of the petitioners in the Rent Control Petitions. The petitioners-tenants have no legal contention regarding payment of rent, with specific reference to the provisions under Section 9(2) of the Act. In such circumstances, the reasoning of the Rent Control Court in the impugned orders dated 04.11.2023, whereby the tenants in R.C.P.Nos.3 and 4 of 2022 were directed to deposit admitted arrears of rent and continue to pay rent for the subsequent period during the pendency of those proceedings, is neither perverse nor patently illegal warranting an interference in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India. 14. Article 227 of the Constitution of India deals with power of superintendence over all courts by the High Court. 12 OP(RC)No.12 & 14 of 2024 Under clause (1) of Article 227 of the Constitution, every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. ## 15. In **Shalini Shyam Shetty v. Rajendra Shankar** **Patil [(2010) 8 SCC 329]** the Apex Court, while analysing the scope and ambit of the power of superintendence under Article 227 of the Constitution, held that the object of superintendence, both administrative and judicial, is to maintain efficiency, smooth and orderly functioning of the entire machinery of justice in such a way as it does not bring it into any disrepute. The power of interference under Article 227 is to be kept to the minimum to ensure that the wheel of justice does not come to a halt and the fountain of justice remains pure and unpolluted in order to maintain public confidence in the functioning of the tribunals and courts subordinate to the High Court. ## 16. In **Jai Singh v. Municipal Corporation of Delhi** **[(2010) 9 SCC 385]** , while considering the nature and scope of the powers under Article 227 of the Constitution of India, the Apex Court held that, undoubtedly the High Court, under Article 227 of the Constitution, has the jurisdiction to ensure that all subordinate courts, as well as statutory or quasi-judicial tribunals 13 OP(RC)No.12 & 14 of 2024 exercise the powers vested in them, within the bounds of their authority. The High Court has the power and the jurisdiction to ensure that they act in accordance with the well established principles of law. The exercise of jurisdiction must be within the well recognised constraints. It cannot be exercised like a 'bull in a china shop', to correct all errors of the judgment of a court or tribunal, acting within the limits of its jurisdiction. This correctional jurisdiction can be exercised in cases where orders have been passed in grave dereliction of duty or in flagrant abuse of fundamental principles of law or justice. ## 17. In **K.V.S. Ram v. Bangalore Metropolitan** **Transport Corporation [(2015) 12 SCC 39]** the Apex Court held that, in exercise of the power of superintendence under Article 227 of the Constitution of India, the High Court can interfere with the order of the court or tribunal only when there has been a patent perversity in the orders of the tribunal and courts subordinate to it or where there has been gross and manifest failure of justice or the basic principles of natural justice have been flouted. ## 18. In **Sobhana Nair K.N. v. Shaji S.G. Nair [2016 (1)** **KHC 1]** a Division Bench of this Court held that, the law is well settled by a catena of decisions of the Apex Court that in 14 OP(RC)No.12 & 14 of 2024 proceedings under Article 227 of the Constitution of India, this Court cannot sit in appeal over the findings recorded by the lower court or tribunal and the jurisdiction of this Court is only supervisory in nature and not that of an appellate court. Therefore, no interference under Article 227 of the Constitution is called for, unless this Court finds that the lower court or tribunal has committed manifest error, or the reasoning is palpably perverse or patently unreasonable, or the decision of the lower court or tribunal is in direct conflict with settled principles of law. 19. In view of the law laid down in the decisions referred to supra, the High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India cannot sit in appeal over the findings recorded by the Rent Control Court in the impugned order. The supervisory jurisdiction cannot be exercised to correct all errors of the order of a Rent Control Court, acting within the limits of its jurisdiction. The correctional jurisdiction under Article 227 can be exercised only in a case where the order of a Rent Control Court has been passed in grave dereliction of duty or in flagrant abuse of fundamental principles of law or justice. Therefore, no interference under Article 227 is called for, unless this Court finds that the Rent Control Court has committed manifest error, or the reasoning in the impugned order is 15 OP(RC)No.12 & 14 of 2024 palpably perverse or patently unreasonable, or the decision of the Rent Control Court is in direct conflict with settled principles of law or where there has been gross and manifest failure of justice or the basic principles of natural justice have been flouted. 20. Viewed in the light of the law laid down in the decisions referred to supra this Court finds no grounds to interfere with the impugned orders of the Rent Control Court in the interlocutory applications filed in R.C.P.Nos.3 and 4 of 2022. In the result, these original petitions fail and accordingly dismissed. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** AV/15/2 16 OP(RC)No.12 & 14 of 2024 ## **`APPENDIX OF OP (RC) 12/2024`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1 TRUE COPY OF THE PETITION IN RCP 04/ 2022 BEFORE THE RENT CONTROL COURT MAVELIKARA DATED 24.05.2022 ``` ``` Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER/ RESPONDENT IN RCP 04/2022 BEFORE THE RENT CONTROL COURT, MAVELIKARA DATED 12.12.2022 Exhibit P3 TRUE COPY OF THE PETITION IN IA. 02/2023 IN RCP 4/2022 BEFORE THE RENT CONTROL COURT MAVELIKARA DATED 22.01.2023 Exhibit P4 TRUE COPY OF THE OBJECTION IN IA. 02/2023 IN RCP 04/2022 DATED 19.10.2023 FILED BY THE PETITIONER/ RESPONDENT BEFORE THE RENT CONTROL COURT MAVELIKARA Exhibit P5 CERTIFIED COPY OF THE ORDER IN IA. 02/2023 IN RCP 04/2022 DATED 04.11.2023 OF THE RENT CONTROL COURT MAVELIKARA Exhibit P6 CERTIFIED COPY OF THE ORDER IN IA.07/2023 IN IA 02/2023 IN RCP 04/2022 DATED 12.01.2024 OF THE RENT CONTROL COURT MAVELIKARA ``` 17 OP(RC)No.12 & 14 of 2024 ## **`APPENDIX OF OP (RC) 14/2024`** |**`PETITIONER EXHIBITS`**|| |---|---| |**`Exhibit P1`**|**`TRUE COPY OF THE ORIGINAL PETITION IN RCP`**| ||**`03/2022 DATED 24.05.2022 BEFORE THE RENT`**| ||**`CONTROL COURT, MAVELIKARA`**| |**`Exhibit P2`**|**`TRUE COPY OF THE OBJECTION FILED BY THE`**| ||**`PETITIONER/RESPONDENT IN RCP 03/2022 DATED`**| ||**`12.12.2022 BEFORE RENT CONTROL COURT,`**| ||**`MAVELIKARA`**| |**`Exhibit P3`**|**`TRUE COPY OF THE PETITION IN IA. 02/2023 IN`**| ||**`RCP 03/2022 DATED 22.01.2023 FILED BY THE`**| ||**`RESPONDENT/PETITIONER BEFORE THE RENT CONTROL`**| ||**`COURT, MAVELIKARA`**| |**`Exhibit P4`**|**`TRUE COPY OF THE OBJECTION FILED BY THE`**| ||**`PETITIONER/ RESPONDENT IN I.A. 02/2023 IN RCP`**| ||**`03/2022 DATED 19.11.2023 BEFORE THE RENT`**| ||**`CONTROL COURT, MAVELIKARA`**| |**`Exhibit P5`**|**`TRUE COPY OF THE RENT DEED PRODUCED BY THE`**| ||**`RESPONDENT/ PETITIONER DATED 19.10.2016`**| |**`Exhibit P6`**|**`CERTIFIED COPY OF THE ORDER IN IA. 02/2023 IN`**| ||**`RCP 3/2022 DATED 04.11.2023 OF THE RENT`**| ||**`CONTROL COURT, MAVELIKARA`**| |**`Exhibit P7`**|**`TRUE COPY OF THE PETITION IN IA. 07/2023 IN`**| ||**`IA 02/2023 IN RCP 3/2022 DATED 12.12.2023`**| ||**`BEFORE THE RENT CONTROL COURT, MAVELIKARA`**| |**`Exhibit P8`**|**`TRUE COPY OF THE RENT DEED DATED 13.10.2017`**| |**`Exhibit P9`**|**`TRUE COPY OF THE BUILDING TAX RECEIPT DATED`**| ||**`31.01.2019`**| |**`Exhibit P10`**|**`CERTIFIED COPY OF THE ORDER IN IA 07/2023 IN`**| ||**`IA 02/2023 IN RCP 03/2022 DATED 12.01.2024`**| ||**`BEFORE THE RENT CONTROL COURT, MAVELIKARA`**| |**`Exhibit P11`**|**`TRUE COPY OF THE PETITION FILED BY THE`**| ||**`RESPONDENT/ PETITIONER IN I.A 08/2023 DATED`**| 18 OP(RC)No.12 & 14 of 2024 ``` NIL BEFORE THE RENT CONTROL COURT MAVELIKARA ``` ``` Exhibit P12 ``` ``` TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER/ RESPONDENT IN IA. 08/2023 DATED 02.01.2024 ```