IMPORTANT POINT
Perpetual default in payment of rent is a valid ground for dissolution of marriage.

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.

(3) If any tenant fails to pay or to deposit the rent as aforesaid, the Rent Control Court or the appellate authority, as the case may be, shall, unless the tenant shows sufficient cause to the contrary, stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building.

2. Revision petitioners, tenants executed lease deed containing the clause of enhancement after expiry of certain period in respect of two premises, one consisting of 14 rooms on the ground floor and 6 rooms on the first floor with a particular rate of rent and sought eviction under Section 11(2)(b), 11(4), 11(iv) (v) and 11(8) of the Kerala Building (Lease and Rent Control) Act, 1965. Section 12(1) and 12(3) of the Act. In response to the application filed by the landlord for the payment of arrear rent, tenant filed a counter in IA No.1 of 2023 on the premise that owing to the acquisition of the land, out of 14 rooms, only 9 rooms are in occupation which are in dilapidated condition. However on the first floor after the acquisition, no rooms were available. This fact is evident from the affidavit Ext.R1(d) through I.A No.7 of 2024. Vide order dated 3.4.2023, learned Rent Controller noticing that the 9 rooms were available after acquisition, directed the tenant to pay the arrears of rent of the ground floor from September 2021, within four weeks in terms of sub Sections 1 and 2 of the Section 12 of the Act.

3. Petitioner, tenant preferred an appeal bearing No.4 of 2023 along with an application for stay.

4. On 9.6.2023, appellate authority granted a conditional order of stay directing the petitioner-tenant to deposit one half of the rent payable from August 2021 within one month.

5. Petitioner, tenant did not honour the aforementioned order. The provisions of sub Section 3, extracted above reveals that in case the landlord does not make the payment of rent as determined under sub Section 1 of Section 12 of the Act, the consequential order of eviction is required to be passed. However at that stage, petitioner-tenant submitted an application bearing No.4 of 2023 for holding an enquiry with respect to the liability to pay the admitted rent. The said application was rejected vide order dated 7.7.2023 and the eviction petition was allowed on the ground of non payment of rent. It is pertinent to mention here that on account of non payment of rent as determined by the appellate authority the previous RCA bearing No.4 of 2023 was dismissed vide order dated 25.8.2023.

6. Aggrieved against the order of eviction dated 7.7.2023, petitioner again preferred an appeal bearing No.5 of 2023 on 13.9.2023 along with an application for stay bearing No.3 of 2023. Since there was no interim stay, the execution petition was filed and the possession was