Pius C. Kuriakose, J.

This writ petition under Article 227 of the Constitution is filed by the landlord, who is the petitioner in

R.C.P. No.16/2008, on the files of the Rent Control Court, Ernakulam. The grievance voiced by the petitioner is that the Principal Munsiff Court, Ernakulam, which is presently holding charge of the Rent Control Court, is not passing final orders on Exts.P5 and P6, which are applications filed by him under Sections 12(1) and 12(2) of the Kerala Buildings (Lease And Rent Control) Act 1965 respectively. On notice being served on the respondent by special messenger, Sri.K.R.Vinod, Advocate has entered appearance on behalf of the respondent.

2. We have heard the submissions of Sri. V. Rajendran, (Perumbavoor) learned counsel for the petitioner and also those of Sri. K.R. Vinod, learned counsel for the respondent. Sri. Vinod submitted that going by the counter affidavit, which the respondent had filed to the first application under Section 12 filed by the petitioner, the respondent has admitted that the rent is in default only from June, 2008. The petitioner, the learned counsel would submit, is ready and willing to pay the rent arrears so admitted by him provided a minimum period of 30 days time is given. According to the learned counsel, it is on account of unforeseen contingencies like initiation of coercive action by the sales tax authorities, that the rent fell into arrears. Sri. V. Rajendran, learned counsel for the petitioner, would submit that there is no justification for showing any indulgence towards the respondent. According to him, the respondent has to pay the rent, which has fallen due subsequent to the institution of the Rent Control Petition since the rate of rent is not in dispute.

3. We have considered the rival submissions. Section 12 of the Act 2 of 1965 is extracted below.

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 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 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 or 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 that tenant shows sufficient cause to the contrary, stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building.

(4). When any deposit is made under sub-section (1), the Rent Control Court or the appellate authority, as the case may be, shall cause notice of the deposit to be served on the landlord in the prescribed manner and the amount deposited may, subject to such conditions as may be prescribed, be withdrawn by the landlord on application made by him to the Rent Control Court or the appellate authority in that behalf.

4. It is t