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1974 Supreme(Ker) 65

V.P.GOPALAN NAMBIYAR, CHANDRASEKHARA MENON
M. VENUGOPALAN – Appellant
Versus
RAPHAEL – Respondent


Judgment :-

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 alo















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