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
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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The tenant's liability to pay rent prevails despite claims of interference by the landlord, and the doctrine of suspension of rent was not applicable without sufficient cause for non-payment.
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....
An application under Section 12(1) of the Rent Control Act is maintainable in appeals against orders under Section 12(3), overruling previous decisions that restricted its applicability.
Tenant obligations under rent control law enforce stringent compliance with payment of rent as a prerequisite for contesting eviction.
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....
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....
A tenant's right to contest an eviction is conditional on timely rent payment as mandated by the Rent Control Act.
A tenant's failure to deposit admitted rent arrears under the Rent Control Act justifies eviction proceedings.
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....
Rent Control disputes require determination of tenant-landlord relationships before enforcing payment orders.
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