Partly allowed

Pullamby Iqbal v. Valiyaparambath Rasiyabi

Kerala HC23 Nov 2022RCRev./141/2020

Case brief

AI extract

What is this about?

The High Court held that a landlord can file a Section 12 application in pending eviction proceedings. It granted the tenant one month to pay specific arrears to restore the appeal; otherwise, the landlord may execute the eviction order.

What did the court decide?

One month time granted to tenant to pay Rs.60,205/- in arrears; appeal restored upon payment, else eviction order executable.

Pullamby Iqbal Vs Valiyaparambath Rasiyabi — Pension and Retirement Benefits | Kerala HC (2022)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 23^RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,

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1944

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RCREV. NO. 141 OF 2020

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AGAINST THE JUDGMENT DATED 4/03/2020 IN RCA NO.105 OF 2019 OF ADDITIONAL DISTRICT COURT - II, THALASSERY AND MADE IN RCP NO.30 OF 2016 DATED 29/05/2019 OF THE MUNSIFF

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COURT, THALASSERY

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REVISION PETITIONER/APPELLANT/RESPONDENT:

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PULLAMBY IQBAL, AGED 52 YEARS, S/O.USMAN, PULLAMBY, PILAKKOOL, TEMPLE GATE(PO), THIRUVANGAD AMSOM DESOM, THALASSERRY TALUK, KANNUR DISTRICT.

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BY ADVS. K.MOHANAKANNAN SRI.H.PRAVEEN (KOTTARAKARA) SMT.T.V.NEEMA

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RESPONDENT/RESPONDENT/PETITIONER:

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VALIYAPARAMBATH RASIYABI, AGED 53 YEARS, D/O.BEEBI UMMA, SAJEER MANZIL, PILAKKOOL, TEMPLE GATE (PO), THALASSERRY, KANNUR DISTRICT-670 102.

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BY ADVS. RAJESH V.NAIR R.PARTHASARATHY(K/151/1996)

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THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RCREV. NO. 141 OF 2020

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..2..

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J U D G M E N T

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A. Muhamed Mustaque, J

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This revision petition was filed by the

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tenant aggrieved by an order under Section 12(3)

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of the Kerala Buildings (Lease and Rent Control)Act, 1965 (for short the “Act”) to stop

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all further proceedings in the appeal and to direct the tenant to put the landlord in possession of the tenanted premises consequent

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upon the defaulted payment of admitted arrears of rent.

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passed on 3.01.2020 directing the tenant to

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deposit Rs.60,250/- towards the arrears of rent and the same was not paid. Thereafter, again an order was passed under Section 12(3) of the Act, on 4.03.2020 stopping the entire proceedings and

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directing the tenant to put the landlord in possession of the petition schedule building. There is no challenge against the order passed

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RCREV. NO. 141 OF 2020

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..3..

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under Section 12(1) of the Act. What is challenged before this Court is only a final order under Section 12(3) of Act. Two years have elapsed after passing the order. The tenant had

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not chosen to pay the arrears of rent or the rent fallen after the impugned order. The case

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of the tenant is that since the eviction was sought only under the ground of bona fide need and cessation of occupation, the landlord is not entitled to file an application under Section 12 of the Act.

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As seen from Section 12 of the Act, the landlord is entitled to make an application in any petition for eviction under any enumerated ground of Section 11 while pending the proceedings before the Rent Controller or the Appellate Authority seeking a direction to the tenant to deposit the arrears of rent admitted by the tenant. It is not necessary that an eviction

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should be sought for, for defaulted rent arrears.

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RCREV. NO. 141 OF 2020

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..4..

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The landlord is entitled to file Section 12

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application in any pending proceedings for eviction or on any ground enumerated under the Rent Control Act. If that be the case, the order

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impugned is perfectly legal. However, taking note of the facts and circumstances, we grant one month time to the tenant to pay Rs.60,205/- and the arrears fallen from September 2019 till today

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at the rate of Rs.800/- per month. If the arrears are paid within the above time, the appeal would stand restored. If the revision petitioner fails to pay the rent arrears as above, he will not be entitled for the benefit of the order in this revision and the landlord is

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free to execute the order already passed by the Appellate Authority.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE Sd/SHOBA ANNAMMA EAPEN, JUDGE

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RCREV. NO. 141 OF 2020

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..5..

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APPENDIX OF RCREV. 141/2020

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PETITIONER ANNEXURES

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ANNEXURE A1 CERTIFIED COPY OF THE ORDER DATED 03.01.2020 IN IA 1828/2019 IN RCA 105/2019 BY THE RENT CONTROL APPELLATE AUTHORITY, THALASSERY. ANNEXURE A2 CERTIFIED COPY OF THE ORDER DATED 03.01.2020 IN IA 1508/2019 IN RCA 105/2019 BY THE FIRST APPELLATE COURT. ANNEXURE A3 CERTIFIED COPY OF THE ORDER DATED 03.01.2020 IN RCA 105/2019. ANNEXURE A4 TRUE COPY OF THE DOCKET SHEET IN RCP 30/2016 OF THE RENT CONTROL COURT (MUNSIFF), THALASSERI ANNEXURE A5 TRUE COPY OF THE RECEIPT ISSUED BY THE COUNSEL FOR THE RESPONDENT

Pullamby Iqbal v. Valiyaparambath Rasiyabi

Case brief

What is this about?

What did the court decide?

Pullamby Iqbal v. Valiyaparambath Rasiyabi

Case brief

What is this about?

What did the court decide?

What the court decided

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