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AMIT RAWAL, EASWARAN S.
K. Moideen Kutty – Appellant
Versus
Kottikulam Abdulla Kunhi – Respondent


Counsel for the Parties:
In RCRev. No.10 of 2024
For the Revisions:Suresh Kumar Kodoth, K.P. Antony Binu and Sukarnan, Advocates
For the Respondent:Sathisan P., Dona Augustine (K/180/2016), Javed Haider (K/001709/2018), Abhiram Sunish (K/001195/2022), Shibu B.S. (K/001060/2021) and Biju P. Paul (K/000648/2022), Advocates
In RCRev.No.255 of 2023
For the Revisions:Suresh Kumar Kodoth and Sukarnan, Advocates

ORDER

Amit Rawal, J.—This order shall dispose of two revision petitions preferred by the tenant against the orders of the Appellate and Rent Controller in two set of proceedings one under Section 12(1) and another in 12(3) of the Kerala Building (Lease and Rent Control) Act, 1965. Section 12(1) and 12(3) of the Act reads as under:—

Section 12 Payment or deposit of rent during the pendency of proceedings for eviction (1) No tenant against whom an application for eviction has been made by a landlord under section 11, shall be entitled to contest the application before the Rent Control Court under that section, or to prefer an appeal under section 18 against any order made by the Rent Control Court on the application, unless he has paid or pays to the landlord, or deposits with the Rent Control Court or the appellate authority, as the case may be, all arrears of rent admitted by the tenant to be due in respect of the building up to the date of payment or deposit, and continues to pay or to deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the appellate authority, as the case may be.

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