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P. B. SURESH KUMAR, SOPHY THOMAS
Gireesh Son Of Chandran – Appellant
Versus
Antony Son Of Ouseph – Respondent
ORDER :
Sophy Thomas, J.
In this revision, we are called upon to answer an interesting question as to whether the arrears of admitted rent decreed by a civil court, in a suit filed by the landlord, is liable to be excluded while computing the admitted arrears of rent under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’).
2. The revision petitioner/tenant is impugning the judgment of the Rent Control Appellate Authority in RCA No.42 of 2018, invoking revisional jurisdiction of this Court, under Section 20 of the Act.
3. Brief facts necessary for the revision are as follows, referring the parties according to their status in RCP No.18 of 2016
The petitioner/landlord filed RCP No.18 of 2016 before the Rent Control Court, Chalakudy, in order to evict the respondent/tenant from the tenanted premises, under Sections 11(2)(b), 11(3) and 11(4)(ii) of the Act. The respondent remained ex parte, and based on the affidavit and documents produced by the petitioner, the Rent Control Court allowed the RCP under Section 11(3) of the Act, and directed the respondent to surrender vacant possession of the tenanted premises within one month. T
Section 12 proceedings under Act can be invoked against tenant, only when arrears of rent is admitted.
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 : 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....
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....
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....
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....
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....
In exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.
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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