ORDER :

(Johnson John, J.)

The revision petitioners are the tenants, who suffered an order of eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') and subsequently evicted in E.P No.377 of 2022 on 16-10-2023. Against the order under Section 12(3) of the Rent Control Court, the petitioners filed an appeal as RCA No.23 of 2023 with a petition to condone the delay of 309 days in filing the appeal and the Appellate Court dismissed the petition to condone the delay for want of sufficient cause with an observation that the appeal and delay condonation petition filed at the fag end of the execution proceedings is only a dilatory strategy to drag the proceedings.

2. Heard the learned counsel for the revision petitioners and the learned counsel for the respondents.

3. Learned counsel for the revision petitioners argued that the landlords filed I.A No.4 of 2021 in RCP No.46 of 2021 seeking payment of admitted arrears of rent even before the tenants filed their objection to the RCP and a perusal of Section 12 of the Act would show that the contest in the RCP is a prerequisite to entertain an application under Section 12 of the Act. Learned