The main legal point established in the judgment is the requirement for the tenant to deposit the rent admitted by the tenant and to be given a reasonable and real opportunity to show sufficient cause to the contrary, as mandated by S.12(3) of the Rent Control Act.

1. The revision petitioner is the landlord-petitioner in proceedings for eviction pending before the Rent Controller. Trichur. The order of the Revisional Authority setting aside the order u/S. 12 (3) confirmed in appeal is under attack in this revision.

2. The District Judge in setting aside the order has directed the Rent Control Court to adjudicate afresh on the applicability of S.12(3) after giving a proper opportunity to the revision petitioner to show cause or to deposit the arrears that the Rent Controller finds as due at that time. with the reservation that if no deposit is made or if no proper cause is shown within the time to be given by the Rent Control Court. the order shall revive.

3. According to the learned counsel for the revision petitioner this order of the Revisional Authority is a wrong exercise of jurisdiction because the order passed by the Rent Controller u/S. 12 (3) of the Rent Control Act and upheld by the Appellate Authority is one unassailable under law and on the facts of the case. It is pointed out that the two requirements for passing an order under that section. viz.. the default on the part of the tenant to deposit the admitted arrears and the failure to show cause against an order of eviction under the sub-section are fully satisfied. that the Appellate Authority has in a considered order confirmed the action of the Rent Controller and there is no scope for any interference in revision by the District Judge.

4. In order to appreciate these arguments it is necessary to set out few facts. The original petition for eviction was filed u/S. 11 of the Act alleging inter alia that the rent at the rate of Rs.110/-per mensem was kept in arrears by the tenant-respondent since 7-4-1979. The counter-statement was filed by the tenant on 4-3-1980 admitting the arrears from 7-4-1980 and and undertaking to deposit the same. The Rent Control Court by an order dated 4-3-1980 directed the tenant to pay the admitted arrears if any on 5-4-1980. Since no deposit was made within that time. the Rent Controller directed the respondent to show cause. if any. why S.12 (3) of the Act shall not be invoked. and posted the case to 11-4-1980. The tenant-respondent on 11-4-1980 deposited an amount of Rs. 990/- and submitted that due to financial stringency he could not make the deposit in time. The Rent Controller on the same date made an order u/sub-s. (3) of S.12 suspending the proceedings and directing the tenant to put the landlord in possession stating that the deposit did not cover the admitted arrears and the reasons stated for non-payment was not satisfactory. The Appellate Authority in affirming the order on 11-4-1980 stated that an amount of Rs.1.210/-was payable by the tenant as arrears of rent. that financial stress is not a sufficient reason to enable the court to enlarge the time for payment of admitted arrears. The learned District Judge while setting aside these orders has pointed out that a sum of Rs.330/- had been paid by the tenant as premium at the time of the entrustment. that Rs.220/- was appropriated towards the arrears due and if the balance of Rs.110/-is also added to the payment made on 11-4-1980. there will be no arrears. The learned District Judge noticed that substantial portion of the rent has been paid and there is sufficient explanation for not depositing the balance and therefore interference with the order was called for. The learned judge however observed that no proper cause was shown by the tenant though be had said earlier that there is sufficient explanation for not depositing the balance.

5. Under S.12 of the Act. the tenant shall be entitled to contest the application only if he pays to the landlord or deposits in court all arrears of rent admitted by the tenant up to the date of payment or deposit. and continues to pay or to deposit any rent which may subsequently become due until the termination of the proceedings. The deposit is to be made within such time as the court may fi