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2006 Supreme(Ker) 556

M.RAMACHANDRAN, A.K.BASHEER
K. P. Kuruvila – Appellant
Versus
Sainabha Saleh – Respondent


Judgment :-

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


















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