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2020 Supreme(Ker) 218

C.K.ABDUL REHIM, A.HARIPRASAD, SHIRCY V.
Joy Daniel – Appellant
Versus
N. A. Ibrahimkutty S/o. Njarakkattil, Adimakunju Haji, Kuriachira Desom, Chiyyaram Village – Respondent


Advocates Appeared:
For the Petitioner: Sri. V.K. Peermohamed Khan
For the Respondent: Sri. P.B. Krishnan

ORDER :

Abdul Rehim, J.

A Division Bench of this court, through its order dated 20-03-2018, referred the above case to be heard by a Full Bench, on the question regarding maintainability of an application filed under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short) in an appeal filed against an order passed under Section 12 (3) of the Act.

2. Brief facts of the case are that, the landlord instituted a Rent Control Petition seeking eviction of the tenant, on the grounds enumerated under Sections 11 (2) (b), 11 (3) and 11 (4) (v) of the Act. Tenant resisted the petition by filing objections. During pendency of the Rent Control Petition, the landlord filed an interim application under Section 12 of the Act, seeking direction against the tenant to deposit the admitted arrears of rent. The Rent Control Court passed an order under Section 12 (1) directing the tenant to pay the admitted arrears, within the date stipulated there under. The tenant failed to make deposit / payment of the admitted arrears. The landlord thereupon filed another application seeking orders under sub-section (3) of Section 12 of the Act. The said a

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