ORDER :

1. The question that arises in this revision petition is whether the Rent Control Court was justified in passing an order under Section 12 (3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short ‘the Act’) to stop the proceedings consequent upon non-payment of the rent which falls due subsequently after clearing the defaulted arrears of rent by the tenant, even in the absence of such a direction in the order passed under Section 12 (1) of the Act.

2. As is evident from the order passed by the Rent Control Court, Cherthala under Section 12 (1) of the Act, the Rent Control Court only directed the tenant to pay arrears of rent as on the date of passing of that order within 30 days. The tenant cleared the entire arrears as on the date of passing of the order. However, he failed to pay the subsequent rent due after clearing the arrears. There was omission in the order passed by the RCC to direct the tenant to continue to pay the monthly rent that falls due till he vacates the petition schedule building. No doubt, statutorily, the tenant is liable to pay the rent that subsequently falls due, pending the proceedings.

3. The question is whether the default committed b