K.T. Sankaran, J.

1. An ex parte order of eviction was passed by the Rent Control Court against the revision petitioner under S. 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). The petitioner/tenant filed an application to set aside the ex parte order with an application to condone the delay in filing the application to set aside the ex parte order. Those applications were dismissed by the Rent Control Court. The tenant filed an appeal before the Appellate Authority against the order passed by the Rent Control Court in the application to set aside the ex parte order. In that appeal, the landlord filed an application under S. 12 of the Act to direct the tenant to deposit the admitted arrears of rent. Meanwhile, during the pendency of the appeal, the landlord took delivery of the building in execution of the order of eviction, since no stay was granted by the Appellate Authority in favour of the tenant. It is to be noted that the application was filed by the landlord under Section 12 of the Act before the Appellate Authority in 2014, much after the delivery of the building was taken by the landlord. The Appellat