Point of Law: In exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.

JUDGMENT :

Anil K. Narendran, J.

The petitioner is the respondent–tenant in R.C.P. No.211 of 2019 on the file of the Rent Control Court (Additional Munsiff-III), Ernakulam, a petition filed by the respondents herein landlords (five among the eight co-owners), seeking eviction of the tenant from the petition schedule building, which is in the occupation of the tenant, on the strength of a lease deed dated 01.11.2017, on a monthly rent of Rs.3,50,000/-, for a period of 11 months, with provision for enhancement. As per clause (4) of the lease deed, the monthly rent has to be apportioned among the eight co-owners in the ratio mentioned therein. R.C.P. No.211 of 2019 is one filed under Sections 5(1) and 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for brevity ‘the Act’) for fixation of fair rent and for eviction of the tenant for arrears of rent.

2. Before the Rent Control Court, the tenant entered appearance and filed counter in R.C.P. No.211 of 2019. The landlord filed I.A.No.2 of 2020 in R.C.P. No.211 of 2019 (Ext.P1), under Section 12 of the Act, seeking an order directing the tenant to deposit arrears of rent for the period from 01.01.2018 onwards, at the rate of Rs.3,50,000/- per month, with increase as provided in the lease deed, and to pay rent for the subsequent period, during the pendency of that proceedings, within a period of 15 days from the due date. In I.A.No.2 of 2020, the tenant filed objections (Ext.P2) raising various contentions. The Rent Control Court passed Ext.P3 order dated 30.06.2021, under Section 12(1) of the Act, whereby the tenant was directed to remit arrears of rent from 01.01.2018 to 30.09.2018, at the rate of Rs.3,50,000/- per month, and arrears of rent from 01.10.2018 at the rate of Rs.3,85,000/-, within the time limit stipulated in the order, as provided in Section 12(2) of the Act. The tenant did not comply with the direction contained in Ext.P3 order. After considering the show cause statement filed by the tenant, the Rent Control Court extended for one month, the time stipulated in Ext.P3 order for depositing the admitted rent. Thereafter, the Rent Control Court passed Ext.P4 order dated 01.10.2021, invoking its powers under Section 12(3) of the Act, whereby the proceedings in R.C.P.No.211 of 2019 stands stopped and the tenant is directed to put the landlord in the vacant possession of the petition schedule building, within a period of one month.

3. The tenant challenged Ext.P4 order by filing R.C.A.No.57 of 2021 before the Rent Control Appellate Authority (Additional District Judge-VIII), Ernakulam, invoking the provisions under Section 18(1)(b) of the Act. The tenant filed I.A.No.2 of 2021 in R.C.A.No.57 of 2021, seeking an order to stay the operation and all further proceedings pursuant to Ext.P4 order of the Rent Control Court, during the pendency of that appeal. The 1st respondent herein filed counter affidavit opposing the order of stay sought for, by contending that, unless the appellant- tenant deposits arrears of rent, as ordered by the Court below, the appeal and the stay petition are not maintainable. After considering the rival contentions, the Appellate Authority passed Ext.P5 order dated 11.03.2022, whereby I.A.No.2 of 2021 in R.C.A.No.57 of 2021 was allowed and all further proceedings pursuant to Ext.P4 order dated 01.10.2021 of the Rent Control Court in R.C.P.No.211 of 2019 is stayed, on condition that, the appellant deposits the admitted arrears of rent as ordered by the court below on or before 07.04.2022 and also continue to pay admitted rent for the future months, till the disposal of that appeal. Challenging Ext.P5 order dated 11.03.2022 of the Rent Control Appellate Authority, the tenant is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

4. On 08.06.2022, when this original petition came up for admission, the learned counsel for the petitioner-tenant pointed out the listin