Disposed

M.C.George v. Subrahmanyan

Kerala HC20 Nov 2013OP (RC)/3077/2013

Case brief

AI extract

What is this about?

The High Court refused to interfere with the Appellate Authority's order directing the tenant to pay arrears and deliver possession. However, granting a last chance, the Court ordered the tenant to pay the outstanding arrears within two weeks to revive the appeal proceedings.

What did the court decide?

Petitioners granted last chance to pay arrears of rent by 05.12.2013; upon failure, landlord may execute orders; upon success, appeal proceedings revived.

M.C.George Vs Subrahmanyan — Landlord and Tenant | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 20TH DAY OF NOVEMBER 2013/29TH KARTHIKA, 1935

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OP (RC).No. 3077 of 2013 (O)

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PETITIONER :

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M.C.GEORGE, AGED 54 YEARS S/O. MR.CHACKO, RESIDING AT VACHANAM HOUSE, EROOR P.O., THRIPUNITHURA, ERNAKULAM DISTRICT-682 306.

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BY ADVS.SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY SRI.M.M.SHAJAHAN SMT.SAVITHA GANAPATHIYATAN

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RESPONDENT:

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SUBRAHMANYAN S/O. LATE MR.VELAYUDHAN, SARALALAYAM, S.N.JUNCTION TRIPUNITHURA P.O., ERNAKULAM DISTRICT-682 301.

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BY ADV. SRI.O.RAMACHANDRAN NAMBIAR BY ADV. SRI.CIBI THOMAS

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THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 20-11-2013, ALONG WITH OPRC. 3095/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (RC).No. 3077 of 2013 (O)

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APPENDIX

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PETITIONER'S EXHIBITS :

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P1 : COPY OF ORDER IN RCP NO.70/2009, PASSED BY THE RENT CONTROL COURT, ERNAKULAM.

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P2 : COPY OF INTERLOCUTORY APPLICATION NO.8332/2010 UNDER SECTION 11(2)(C) OF THE KERALA BUILDING (LEASE AND RENT CONTROL), ACT, 1965 BEFORE THE RENT CONTROL COURT, ERNAKULAM.

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P3 : COPY OF APPEAL MEMORANDUM IN RCA NO.11/2011 OF DISTRICT COURT, ERNAKULAM.

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P4 : COPY OF ORDER IN IA NO.8337/2010 IN RCP NO.70/2009 OF THE RENT CONTROL COURT.

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P5 : COPY OF CROSS-OBJECTION IN RCA NO.11/2012 FILED BEFORE THE DISTRICT COURT, ERNAKULAM COURT.

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P6 : COPY OF ORDER DTD.13.3.2013 IN IA NO.3990/2012 IN RCA NO.11/2011 ON THE FILES OF DISTRICT COURT, ERNAKULAM.

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P7 : COPY OF DEMAND NO.195073 OF RS.18,618/- DRAWN ON KARUR VYSYA BANK, IN FAVOUR OF THE RESPONDENT.

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P8 : COPY OF THE ORDER IN IA.982/13 IN RCA.11/2011.

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RESPONDENT(S)' EXHIBITS : NIL

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// True Copy //

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T.R.RAMACHANDRAN NAIR &

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B.KEMAL PASHA, JJ.

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O.P.(RC) Nos.3077 & 3095 of 2013

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Dated this the 20^th day of November, 2013

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~ ~ ~ ~ ~ ~ ~ ~ ~

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Ramachandran Nair, J.

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The respective petitioners are challenging the

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order passed by the Rent Control Appellate Authority produced as Ext.P6 in both cases. O.P.(RC) No.3077/2013 arises from the proceedings in R.C.A. No.11/2011 and O.P. (RC) No.3095/2013 arises from the proceedings in R.C.A. No.12/2011.

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For disposal of these original petitions, we need

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not elaborate the facts. The tenant is faced with an order

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passed under Section 11(2)(b) of the Buildings (Lease and

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Rent Control) Act, 1965 (for short, 'the Act'), from which an

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OPRC.3077&3095/2013 : 2 :

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appeal has been filed. The landlord has also filed an appeal against the rejection of the grounds under Sections 11(3) and 11(4)(ii) of the Act. It is stated that both the tenants have filed separate appeals, wherein an interim order was passed by the court directing to deposit the arrears of rent. It appears that there was failure on the part of the respective petitioners in making payment, which resulted in the landlord filing separate petitions invoking Section 12 of the Act.

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In O.P.(RC) No.3077/2013, it shows that the appellate authority has directed to pay ₹18,618/-, namely the amount remained unpaid as arrears of rent for the period from December, 2010 to February, 2013 within four weeks from the date of the order. In O.P.(RC) No.3095/2013, the period is the same and the amount is ₹22,800/-.

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Along with I.A.No.12358/2013 in O.P.(RC)

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OPRC.3077&3095/2013

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: 3 :

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No.3095/2013, the petitioner has produced the order subsequently passed by the appellate authority dated 03.06.2013 as Ext.P8. There the direction is to put the landlord in possession of the building within 30 days from the date of the order. Similar order passed in R.C.A. No.11/2011 is produced as Ext.P8 in O.P.(RC) No.3077/2013.

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We heard the learned counsel on both sides. It is the case of the petitioners that the payment could not be made because of various unexpected circumstances and adversities in the family. Even though for payment the Demand Drafts were taken as is clear from Ext.P7, those were not accepted by the counsel for the landlord. The learned counsel for the landlord submitted that the tenants did not pay the amount in time and failed even to show any cause before the Appellate Authority and, therefore, there is nothing to interfere with the orders passed by the Appellate

OPRC.3077&3095/2013

: 4 :

Authority.

We have gone through the orders passed by the

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Appellate Authority. Admittedly, the payment has not been made by the petitioners within the time specified in the orders passed by the Appellate Authority. The petitioners did not show sufficient cause also. Therefore, the Appellate Authority was right in passing the orders Exts.P6 and P8 in both cases and we do not find any reason to interfere with the orders also.

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But, we are of the view that the petitioners herein can be granted some time, as a last chance, to make payment of arrears of rent up to 30^th November, 2013. As far as O.P.(RC) No.3077/2013 is concerned, we direct the petitioner to pay to the landlord or deposit an amount of ₹29,000/- within two weeks from today before the Appellate Authority. Such payment will be made on or before 05.12.2013. As far as O.P.(RC) No.3095/2013 is concerned,

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OPRC.3077&3095/2013

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: 5 :

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there will be a direction to pay to the landlord or deposit an amount of ₹33,600/- before the Appellate Authority, which will be the arrears of rent up to the month of November, 2013, on or before 05.12.2013. If any default is committed

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by the petitioners, the landlord will be at liberty to execute the orders passed by the Appellate Authority. If the payments are made, the proceedings in the appeal including the Cross Objection will be revived. Periodical monthly rent will be paid from time to time before the 10^th day of every month.

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Original petitions are disposed of as above.

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Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE)

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/20/11

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// True Copy //

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PA to Judge

M.C.George v. Subrahmanyan

Case brief

What is this about?

What did the court decide?

M.C.George v. Subrahmanyan

Case brief

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