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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Greenix Ventures Pvt. Ltd. – Appellant
Versus
P. M. Salim S/o Late P. K. Muhammed Kutty – Respondent
ORDER :
1. These Rent Control Revisions, i.e. R.C. Rev. No. 147 of 2022 and R.C. Rev. No. 151 of 2022, filed under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, arise out of the judgment dated 04.07.2022 of the Rent Control Appellate Authority (Additional District Judge-VI), Ernakulam in R.C.A. No. 5 of 2022, filed against the order dated 22.11.2021 of the Rent Control Court (Additional Munsiff), Kochi in R.C.P. No. 17 of 2019. Since common issues are raised, these Rent Control Revisions are heard together and are being disposed of by this common order.
2. The petitioners in R.C. Rev. No. 147 of 2022 are the petitioners-landlords in R.C.P. No. 17 of 2019 on the file of the Rent Control Court, Kochi, which was one filed against the petitioners in R.C. Rev. No. 151 of 2022, who are the tenants, seeking an order of eviction under Sections 11(2)(b) and 11(3) of the Act. The tenants entered appearance and filed an objection in the Rent Control Petition. The landlords filed I.A. No. 4 of 2020, an application under Section 12 of the Act, seeking an order directing the tenants to deposit admitted arrears of rent. In that interlocutory application, the tenants filed a
Even assuming that for purpose of execution an order under Section 12(3) of Act can be equated with and treated as same, as one under Section 11 of Act, the consequence enjoined by an order under Sec....
Tenants must deposit admitted rent during eviction proceedings under crisis; failure leads to automatic eviction unless sufficient cause is shown.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
Point of Law : Only thing is that the opportunity to be afforded to the tenant to show sufficient cause with respect to the failure to pay or deposit rent, as directed in Section 12(1) and (2), withi....
In exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.
Point of Law - Power to do justice between the parties and to dispose of a Rent Control Petition in accordance with law, would certainly confer certain inherent powers on the Rent Control Court.
Point of law: Power of superintendence conferred upon the High Court under Article 227 of the Constitution of India over all courts and Tribunals throughout the territory of the State is both of admi....
When Section 8(1) of the Act is not in Statute book, as it was declared ultra vires, a tenant is entitled to contend that the landlord is not entitled to retain the advance in excess of one month's r....
Arrears of rent - In order to contest an application for eviction before the Rent Control Court or to prefer an appeal under Section 18 of the Act against any order made on such application, such a t....
An application under Section 12(1) of the Rent Control Act is maintainable in an appeal against an order passed under Section 12(3), confirming tenant obligations for rent during eviction proceedings....
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