Basheer, J.

Can the tenant of a building claim set off or adjustment of certain payments allegedly due from the landlord towards the rent payable by him, while making deposit of the admitted arrears as envisaged under section 12 of the Kerala Buildings (Lease & Rent Control) Act, 1965? The Rent Control Authorities answered the question in the negative. Hence, this revision petition under Section 20 of the Act.

2. Essential facts may be briefly noticed.

3. The respondent/landlord initiated eviction proceedings against the petitioners under Section 11(2)(b) and 11 (4)(ii) of the Act. The landlord alleged that petitioners/tenants had kept the rent of the building in arrears from July 2000 onwards.

4. During the pendency of the eviction proceedings, the landlord filed an application under section 12 of the Act praying for a direction to the tenants to deposit the arrears of rent and on their failure to do so, to stop all further proceedings and direct them to put the landlord in possession of the building as contemplated under the statutory provision.

5. In response to the above application, it was contended by the tenants that the rent fell in arrears since the landlord was not available in station to receive the same. It was further contended that they had spend a total sum of Rs.30,664/- towards repairs of the building. They had also paid a sum of Rs.7,680/- towards building tax and electricity charges, According to the tenants, the above sum of money spend by them were liable to be adjusted from the arrears of rent payable to the landlord. Thus, it was contended that the amount of Rs.40,000/- paid by them during the pendency of the application, would not only wipe off the arrears of rent, but in fact it was in excess of the amount due from them.

6. After considering the calculation statements submitted by the parties, the Rent Control Court held that the petitioners/tenants were not entitled to adjust the amounts allegedly spent by them for repairs of the building or for payment of building tax and electricity charges. Accordingly, a direction was issued to the tenants to deposit the balance amount of Rs.23,822/- before the court within two weeks. The above order was confirmed in appeal by the Rent Control Appellate Authority. Section 12 of the Act reads thus:

“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 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. (emphasis supplied)

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 referred to in sub-section (4):

Provided that 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.

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 landl