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2018 Supreme(Ker) 1480
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.HARILAL, ANNIE JOHN, JJ.
Ramkumar J - Appellant
Vs.
Ashok Jacob - Respondent
O. P (RC) No. 84 of 2018
Decided on : 08-10-2018
Important Points:
The order passed by the appellate authority had been merged with the order passed by the High Court after the passing of summary order of eviction under Section 12(3) of the Act, by the Rent Control Court.
Headnote:The Kerala Buildings Lease and Rent Control) Act, 1965 - Section 12(3) –Eviction under Sections 11(2) and 11(3) of the Act-The order passed by the appellate authority had been merged with the order passed by the High Court after the passing of summary order of eviction under Section 12(3) of the Act, by the Rent Control Court- There is no merger and even if there is a merger, the petitioner will not get a fresh period of one month to deposit the admitted arrears of rent as he had already availed off more than one month for depositing the admitted arrears of rent before the merger of the order passed by the appellate authority in the order passed by the High Court.
Statement of facts:
The petitioner filed R.C.A No. 4 of 2018 before the Rent Control Appellate Authority, Mavelikkara challenging the summary order of eviction passed by the Rent Control Court, Chengannur in R.C.P. No. 4 of 2015 under Section 12(3) of the Act. After the disposal of the Civil Appeal by the Supreme Court, the petitioner filed the present I.A. No. 363 of 2018 in the R.C.A. No. 2 of 2016 seeking an order to allow him to deposit the admitted arrears of rent of Rs.25,78,968/- The appellate authority dismissed the said application and the same is under challenge in this O.P.(RC).
Finding of the court:
There is no merger and even if there is a merger, the petitioner will not get a fresh period of one month to deposit the admitted arrears of rent as he had already availed off more than one month for depositing the admitted arrears of rent before the merger of the order passed by the appellate authority in the order passed by the High Court.
Result : O.P(R.C) fails and the same is accordingly dismissed.
K. Harilal, J.
1. The petitioner is the tenant, who filed R.C.A.No. 4 of 2017 before the Rent Control Appellate Authority, Mavelikkara challenging the summary order of eviction passed against him under Section 12(3) of the Kerala Buildings Lease and Rent Control) Act, 1965 ('the Act' for brevity) in R.C.P. No. 4 of 2015. The said RCP was filed against him seeking an order of eviction under Sections 11(2) and 11(3) of the Act.
2. This is the second round of litigation on an application filed under Section 12 of the Act and the case has a chequered history. The respondent/landlord has filed I.A. No. 2111 of 2015 in R.C.P. No. 4 of 2015 under Section 12 of the Act seeking an order directing the petitioner to deposit the admitted arrears of rent. The petitioner filed an objection denying the liability to deposit the admitted arrears contending that in view of lease agreement and the financial transaction between the petitioner and the respondent, he is not entitled to deposit the admitted arrears. After considering the rival pleas, the Rent Control Court dismissed the application. Feeling aggrieved, the respondent/landlord filed R.C.A.No. 2 of 2016 before the Rent Control Appellate Authority, Mavelikkara. The Appellate Authority set aside the order passed by the Rent Control Court in I.A. No. 2111 of 2015 and passed an order directing him to deposit the admitted arrears of rent within one month from 23.01.2017 in the Rent Control Court. The petitioner did not deposit the admitted arrears within one month in compliance with the said direction and the case was posted to 22.02.2017. But, he did not deposit the amount on that day; instead, he had filed an application seeking permission to deposit the admitted arrears of rent in instalments and thereafter, the case was again adjourned to 15.03.2017. Then also, the payment as directed by the appellate authority was not made. That apart, he did not state any sufficient cause for the non-payment, as contemplated under Section 12(3) of the Act. The petition seeking permission for depositing the amount in instalments was also dismissed by a separate order dated 20.03.2017. Thus, more than two months have been elapsed after the expiry of one month provided for depositing the admitted arrears of rent. On 08.04.2017, the petitioner filed R.C.R No. 215 of 2017 before this Court challenging the order passed under Section 12 of the Act by the Appellate Authority in R.C.A. No. 2 of 2016. This Court, after considering the rival submissions, set aside the order passed by the Appellate Authority under Section Court dismissing the application under Section 12 of the Act. Feeling aggrieved, the respondent preferred Special Leave Petition before the Supreme Court. The Supreme Court granted leave and allowed the appeal on 18.05.2018 restoring the judgment passed by the Appellate Authority in RCA No. 2 of 2016.
3. In the mean time, the petitioner filed R.C.A No. 4 of 2018 before the Rent Control Appellate Authority, Mavelikkara challenging the summary order of eviction passed by the Rent Control Court, Chengannur in R.C.P. No. 4 of 2015 under Section 12(3) of the Act. After the disposal of the Civil Appeal by the Supreme Court, the petitioner filed the present I.A. No. 363 of 2018 in the R.C.A. No. 2 of 2016 seeking an order to allow him to deposit the admitted arrears of rent of Rs.25,78,968/- The appellate authority dismissed the said application and the same is under challenge in this O.P.(RC).
4. According to the petitioner, in view of Ext.P4 order passed by the Supreme Court, he will get a fresh period of one month from the date of the order passed by the Supreme Court to deposit the admitted arrears of rent. The Supreme Court passed Ext.P4 order on 18.05.2018 and the petitioner has filed I.A.No. 363 of 2018 expressing his willingness to deposit the admitted arrears of rent on 18.06.2018. That apart, the copy of the order passed by the Supreme Court was served to him on 28.05.2018 only. Therefo
