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2022 Supreme(Ker) 225

ANIL K.NARENDRAN, P.G.AJITHKUMAR
K. V. Shiraz – Appellant
Versus
Binny Emmatty, S/o Emmatty Joseph – Respondent


Advocates:
Advocate Appeared:
For the Appellant : REJI GEORGE, NASEER MOIDU, BINOY DAVIS, SAISANKAR.S
For the Respondent: P.G.JAYASHANKAR, P.K.RESHMA, REVATHY P. MANOHARAN, S.RAJEEV, SAJANA V.H.

JUDGMENT :

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.97 of 2020 on the file of the Rent Control Court (Munsiff), Thrissur, a petition filed by the respondent herein-landlord under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule building on the ground of arrears of rent. In that Rent Control Petition, the landlord filed I.A.No.2 of 2021, an application under Section 12 of the Act, seeking an order directing the tenant to remit admitted arrears of rent and continue to pay rent for the subsequent period, during the pendency of that eviction proceedings. Despite receipt of notice, the tenant did not appear before the Rent Control Court. On 12.11.2021, the tenant was set exparte. Thereafter, on 20.11.2021, the Rent Control Court allowed I.A.No.2 of 2021, by directing the tenant to pay the admitted arrears of rent within a period of four weeks from that order, which is one passed under Section 12(1) of the Act. On 14.12.2021, the Rent Control Court recalled that order on noticing that the order dated 20.11.2021 in I.A.No.2 of 2021 was one passed in the absence of the respo

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