Tenant defaulted on rent ordered under Section 12(1) of the Kerala Rent Control Act during eviction proceedings for arrears and personal necessity; eviction order under Section 12(3) was upheld by appellate authority. The High Court dismissed the tenant's revision, holding extension of time cannot be granted without landlord's consent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946
RCREV. NO. 138 OF 2024
AGAINST THE JUDGMENT DATED 30.05.2024 IN RCA NO.101 OF 2023 OF ADDITIONAL DISTRICT COURT, KOZHIKODE- II ARISING OUT OF THE ORDER DATED 27.07.2023 IN RCP NO.38 OF 2021 OF THE RENT CONTROLLER/MUNSIFF COURT, NADAPURAM
REVISION PETITIONER/APPELLANT/RESPONDENT:
JALEEL T P, AGED 52 YEARS S/O. KUNHABDULLA TRADER, THAZHE PULIYULLATHIL HOUSE, EYYANKODE AMSOM, CHIYYUR DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673509
BY ADV R.K.MURALEEDHARAN
RESPONDENT/RESPONDENT/PETITIONER:
CHATHAMPRATH JAMEELA, AGED 62 YEARS D/O. MAMMU, SWASTHAM, ERUNNETH HOUSE KUMMANKODE AMSOM, NADAPURAM DESOM NADAPURAM (PO), VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673504
BY ADVS. PREMNATH B M.P.PRIYESHKUMAR(K/000141/2017) MUHAMMAD ALI E.K.(K/1254/2018)
OTHER PRESENT:
SRI B PREMNATH
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 05.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
AMIT RAWAL, J.
The petitioner is the tenant. The respondent/landlord instituted RCP.No.38 of 2021 for claiming the arrears of rent with effect from 01.04.2021 to 31.03.2022 at the rate of Rs.25,600/- and also eviction on the ground of personal necessity .
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the tenant fails to adhere to the order determining the arrears of rent and also the direction for payment of future rent. The landlord cannot be permitted to file applications for closure of the defence of the tenant or for handing over the possession at the convenience of the tenant. In the absence of any plausible explanation, the eviction order as per Subsection 3 of Section 12 of the Act has to follow. Even during the pendency of the appeal before the Appellate Authority, no concerted effort was made to show the bona fides and therefore, prays for dismissal of the petition with exemplary costs.
“12. Payment or deposit of rent during the pendency of proceedings for eviction.
(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
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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.
(3) 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.”
“In the result,
period from 01.04.2021 to 31.03.2022 has been cleared as per the receipt shown to us and even rent upto January, 2023 also. But for a period of six months from February, 2023 to July
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2023, there was a default which gave a cause of action to the landlord to submit an application by invoking Subsection 3 of Section 12 of the Act. Learned Rent Controller adjudicated the application and passed an order on 27.07.2023, which reads as under:
“Both sides represented. Commission report filed. According to petitioner the respondent had not paid the subsequent arrears as per IA.3/22 dated 1st day f August, 2022, the petitioner has stated that the respondent paid arrears up to 31 March 2022. They have not paid the subsequent arrears as directed. Even after a period of 6 months the respondent has not managed to pay the subsequent arrears as per IA.3/22. Hence Section 12(3) proceedings are taken against the respondent. Proceedings are stopped and the respondent/tenant is directed to hand over the vacant possession of the building to the petitioner/landlord within a period of 30 days from the date of order.”
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to seek extension of time for clearing the arrears. Petitioner/tenant failed to comply with the order and in such circumstances, cannot claim equity by asking for extension of time. Order under challenge do not suffer from any illegality or perversity. No ground for interference is made out.
Revision is accordingly dismissed.
AMIT RAWAL JUDGE
Sd/EASWARAN S. JUDGE
rp
1 issue framed by the court
Whether a tenant who defaulted on interim rent payments under Section 12(1) could seek extension of time in revision despite accrued rights under Section 12(3).
2 provisions across 1 enactments
Jaleel T P
Chathamprath Jameela
AMIT RAWAL
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
