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2025 Supreme(Ker) 2369

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON
P.N.Unnikrishnan, S/o. P.C.Narayana Marar – Appellant
Versus
K.X.John Victor, S/o. Late Xavier – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.DINESH R.SHENOY, SMT.SHANTHIPRIYA D. SHENOY
For the Respondent: SHRI.M.P.RAMNATH, SHRI.P.RAJESH (KOTTAKKAL), SRI.K.J.SEBASTIAN, SEI.M.VARGHESE VARGHESE, SMT.UMA R.KAMATH, SMT.S.SANDHYA, SHRI.BEPIN PAUL, SRI.SHALU VARGHESE, SRI.ANTONY THARIAN, SMT.SHANTHI JOHN, SMT.ASHA T.K.

ORDER :

A.Muhamed Mustaque, J.

In this revision filed under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as “the Act”) by the tenant, we are called upon to decide the legality of an order passed under Section 12(3) of the Act.

2. In R.C.P. No. 134/2021, the landlord sought eviction of the tenant on the grounds of arrears of rent, bona fide requirement, and cessation of occupation. During the pendency of the proceedings, the landlord filed I.A. No.3/2021 before the Rent Control Court, Ernakulam, seeking a direction to the tenant to deposit arrears of rent up to 05/10/2021, along with the arrears towards TDS. The said application, filed on 25/10/2021, was resisted by the tenant. The tenant contended that he was unable to clear the arrears due to the adverse impact of the COVID-19 pandemic and, further, owing to acts of interference on the part of the landlord. It was specifically alleged that the landlord had locked the premises, disconnected the electricity supply, and cut off the water connection, thereby rendering it impossible for the tenant to run his business.

3. The Rent Controller, however, passed an order on 10/06/2022 in I.A.No.

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