Point of Law : High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India cannot sit in appeal over the findings recorded by a lower court or tribunal.

JUDGMENT :

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.2 of 2020 on the file of the Rent Control Court (Munsiff) Kodungallur, 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 on the ground of arrears of rent to the tune of Rs.23,05,577/- in respect of the petition schedule building, from the month of March 2019 onwards. During the pendency of that Rent Control Petition, the landlord filed I.A No.1 of 2020, an application under Section 12 of the Act seeking an order directing the tenant to deposit Rs.29,07,975/- towards the arrears of rent. In that interlocutory application, the tenant submitted objections. He raised the contention that the landlord had purchased articles worth Rs.26,00,000/- on credit, agreeing to adjust the value of the same towards the rent payable at the rate of Rs.1,44,500/- per month. The tenant has also contented that Rs.25,00,000/- has already been paid to the landlord towards the security deposit. Still the same is with the landlord, which has to be adjusted towards arrears. The Rent Control Court, after considering the materials on record, passed Ext.P4 order, in exercise of its powers under Section 12(1) of the Act, whereby the tenant was directed to deposit the admitted arrears of rent on or before 31.05.2022. The said order reads thus:

“The petition is filed seeking to deposit admitted arrears of rent under Section 12 of Kerala Buildings (Lease and Rent Control) Act. The only contention made by the respondent is that security amount has to be adjusted towards rent arrears. The respondent also claimed that there are other transactions between the petitioner and respondent. Hence some amounts to be realized from the those transactions. Hence after adjusting all those amount nothing more will be there for arrears of rent. The learned counsel also questioned the maintainability of this petition on the ground that the petition filed seeking the arrears even before filing R.C.P. All the contentions raised by the respondent is not maintainable since they have no case to the effect that they are remitting admitted arrears of rent during the pendency of proceedings. Regarding adjustment this court has no jurisdiction to adjudicate those matter, since those questions to be adjudicated properly before civil court. Hence respondents is hereby directed to deposit the admitted rent arrears on or before 31.05.2022.”

Challenging the said order of the Rent Control Court, the petitioner-tenant is before this Court with this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

2. Heard the learned counsel for the petitioner-tenant.

3. The issue that arises for consideration in this original petition is as to whether any interference is warranted on Ext.P4 order dated 01.04.2022 by the Rent Control Court in I.A. No.1 of 2020 in R.C.P.No.2 of 2020 invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

4. Section 12 of the Act deals with payment or deposit of rent during the pendency of proceedings for eviction. As per Section 12(1), no tenant against whom an application for eviction has been made by a landlord under Section 11, shall be entitled to contest the application before the Rent Control Court under that Section, or to prefer an appeal under Section 18 against any order made by the Rent Control Court on the application, unless he has paid or pays to the landlord, or deposits with the Rent Control Court or the Appellate Authority, as the case may be, all arrears of rent admitted by the tenant to be due in respect of the building up to the date of payment or deposit, and continues to pay or to deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the Appellate Authority,