Remanded

Dr. Sunil. J v. Shameer. S

Kerala HC23 Nov 2021OP (RC)/115/2021

Case brief

AI extract

What is this about?

Petitioners landlord filed a writ petition under Article 227 of the Constitution directing the Principal Rent Control Court to dispose of an interlinked application under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965, which had been pending since September 2020, by considering and passing appropriate orders within a time limit.

What did the court decide?

Directed the Principal Rent Control Court, Kollam to consider and pass appropriate orders on I.A. No.1 of 2020 within one month from the date of production of a certified copy of this judgment.

Dr. Sunil. J Vs Shameer. S — Landlord and Tenant | Kerala HC (2021)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 23^RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA,

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1943

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OP (RC) NO. 115 OF 2021

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FOR TIME BOUND CONSIDERATION OF I.A.NO.1 OF 2020 IN RCOP

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14 OF 2020 OF PRINCIPAL RENT CONTROL COURT (PRINCIPAL

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MUNSIFF), KOLLAM

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PETITIONERS:

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1 DR. SUNIL. J AGED 50 YEARS S/O. JANARDHANAN UNNITHAN, RESIDING AT MADHAVAM, THEVALLY P.O., KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN-691 009.

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2 LEKSHMI T. AGED 42 YEARS W/O. DR. SUNIL J., RESIDING AT MADHAVAM, THEVALLY P.O., KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN-691 009. BY ADV A.JANI(KOLLAM)

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RESPONDENT:

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SHAMEER. S AGED 33 YEARS S/O. SHOUKATH, RESIDING AT VADAKKADUTHU KIZHAKKETHIL, SRP MARKET P.O., THAZHAVA, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690 539.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(RC)No.115 of 2021

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JUDGMENT

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Anil K. Narendran, J.

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The petitioners, who are the owners of the residential building bearing No.53/2242, having an area of 840 Sq.feet., at Nanditha Complex, Thoppilkadavu, Thirumaullavaram P.O., Kollam, filed R.C.O.P.No.14 of 2020 (Ext.P1) before the Principal Rent Control Court (Principal Munsiff), Kollam, a petition filed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking an order of eviction of the respondent herein-tenant from the petition schedule building. During the pendency of that RCOP, the landlords filed I.A.No.1 of 2020 (Ext.P2), an application under Section 12 of the Act, seeking an order directing the tenant to pay admitted arrears of rent as on date and continue to pay rent for the subsequent period and in case any default, pass an order under Section 12(3) of the Act, directing the tenant to vacate the petition schedule building. Ext.P2 application is one dated 24.09.2020. In Ext.P2 interlocutory application, the respondent-tenant filed Ext.P3 objection, which is one dated 11.11.2021. The grievance of the petitioners is the delay in

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O.P.(RC)No.115 of 2021

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disposal of I.A.No.1 of 2020, which now stands posted to 18.01.2022. The petitioners are before this Court in this original petition filed under Article 227 of the Constitution of India, seeking an order directing the Principal Rent Control Court, Kollam, to consider and pass appropriate orders on Ext.P2 application, within a time limit to be fixed by this Court.

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Heard the learned counsel for the petitionerslandlords. Considering the nature of relief proposed to be granted, we deem it appropriate to dispense with service of notice to the respondent-tenant.

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The learned counsel for the petitioners would submit that Ext.P2 application made by the petitioners-landlords is one filed under Section 12 of the Act, which requires time bound consideration by the Principal Rent Control Court, Kollam.

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Section 12 of the Kerala Buildings (Lease and Rent Control) Act deals with payment or deposit of rent during the pendency of proceedings for eviction. As per sub-section (1) of Section 12, no tenant against whom an application for eviction has been made by a landlord under Section 11, shall be

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O.P.(RC)No.115 of 2021

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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 sub-section (2) of Section 12, t he 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 sub-section (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

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O.P.(RC)No.115 of 2021

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from the date on which the rent becomes due.

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As per sub-section (3) of Section 12 of the Act, i f 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 sub-section (4) of Section 12, w hen 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.

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6 . Sub-section (1) of Section 12 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

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O.P.(RC)No.115 of 2021

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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.

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7 . The liability of a tenant under sub-section (1) of Section 12 of the Act, against whom an application for eviction has been 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. The object of the provisions under sub-section (1) of Section 12 of the Act is

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to deny the defaulting tenant the right to contest the application for eviction before the Rent Control Court unless he pays to the landlord, or deposits with the Rent Control Court, 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

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due in respect of the building, until the termination of the proceedings before the Rent Control Court. Sub-section (2) of Section 12 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

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shall not be less than that specified in the proviso to subsection (2) of Section 12.

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8. In view of the statutory mandate of sub-section (1)

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of Section 12 of the Act, in an application filed by the landlord under Section 12 of the Act, the Rent Control Court has to order payment of arrears of rent admitted by the tenant to be due in respect of the petition schedule building, up to the date

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of payment or deposit and the tenant shall also be ordered 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.

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Considering the fact that Ext.P2 application filed by the petitioners-landlords under Section 12 of the Act, in which the

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O.P.(RC)No.115 of 2021

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respondent-tenant has already filed Ext.P3 objection, is pending consideration before the Principal Rent Control Court (Principal Munsiff), Kollam, we deem it appropriate to dispose of this original petition, by directing the Principal Rent Control

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Court, Kollam, to consider and pass appropriate orders on Ext.P2 application, with notice to both sides, as expeditiously as possible, at any rate, within a period of one month from the

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date of production of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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Sd/-

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P.G. AJITHKUMAR JUDGE

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O.P.(RC)No.115 of 2021

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APPENDIX

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PETITIONERS' EXHIBITS

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Exhibit P1 TRUE COPY OF PETITION IN R.C(O.P) NO.14 OF 2020 OF THE PRINCIPAL RENT CONTROL COURT, KOLLAM. Exhibit P2 TRUE COPY OF I.A.NO.1 OF 2021 IN R.C. (O.P) NO. 14 OF 2020 OF THE PRINCIPAL RENT CONTROL COURT, KOLLAM. Exhibit P3 TRUE COPY OF OBJECTION SUBMITTED BY RESPONDENT TO I.A.NO.1 OF 2021 IN OP(R.C) NO.14 OF 2020 OF THE PRINCIPAL RENT CONTROL COURT, KOLLAM.

Dr. Sunil. J v. Shameer. S

Case brief

What is this about?

What did the court decide?

Dr. Sunil. J v. Shameer. S

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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