The deposit of arrears of rent under S.12 is a condition precedent to the tenant entering on his defense and contesting the application for eviction, and the purpose of the deposit is fundamentally different from that under S.11(2)(c). The court also rejected the argument that S.12(3) of the Act is discriminatory and violative of Art.14 of the Constitution.

1. This revision petition preferred by a landlord arises out of certain proceedings instituted by him in the Rent Control Court, Trichur, claiming eviction of a building belonging to him on the ground that rent had been kept in arrear. The Rent Control Court passed orders directing the tenant to pay all admitted arrears on or before the 20th September 1971. It was made clear that on default of deposit, within the specified period, an order for possession under S.12 (2) of the Act, will be passed. The order was not complied with, despite the tact that time for payment was extended. Therefore, the Rent Control Court passed an order for possession under S.12(3) of the Act. This was on 25-10-1971. Within thirty days of the said order, the tenant filed I. A: 4143 of 1971 to receive what was claimed to be the admitted arrears; and I. A. 4142 of 1971 to set aside the order for possession passed on 25-10-1971. The Rent Control Court dismissed 1. A. 4142 of 1971 holding that an order under S.12(3), cannot be set aside or vacated on the mere ground that the admitted arrears of rent had been deposited subsequent to the order. It declined to receive the arrears of rent tendered along with the I. A. 4143 of 1971, and accordingly dismissed the same. The appeals preferred by the tenant against these orders were dismissed by the appellate authority. On further revision, the Revisional Court, namely the District Court, Trichur, allowed the revision and set aside the orders of the Rent Control Court and of the Appellate Authority and remanded I. A. Nos. 4142 of 1971 and 4143 of 1971 back to the Rent Control Court for fresh disposal directing that the time for making deposit of the arrears of rent, will be extended by the Rent Control Court. The aggrieved landlord has preferred this revision petition.

2. S.11(2) (c) of the Buildings (Lease and Rent) Control Act 1965 reads:

"11 (2) (c): The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow; and if the tenant deposits the arrears of rent with interest and cost of proceedings, within the said period of one month or such further period, as the case may be it shall vacate that order."

Under the above provision, a tenant against whom a decree for eviction has been passed by the Rent Control Court on the ground that rent had been kept in arrears, is allowed relief against the forfeiture of the tenancy incurred by nonpayment of rent, by depositing the arrears decreed, within a certain period. It has been ruled by this Court in Kurien v. Saramma Chacko (1964 KLT. 1) that the power under S.11 (2)(c) can be exercised by the Appellate Authority and also by the Revisional Authority. S.12 of the Act provides for a totally different contingency. We may read Sub-sections (1) to (3) of the Section:

"12. Payment of 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 S.11, shall be entitled to contest the application before the Rent Control Court under that section, or to prefer an appeal under S.18 against any order made by the Rent Control Court on the application, unless he has paid or pays to the landlord, or deposit 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 upto 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.

(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 prescrib