A tenant can vacate an eviction order by paying the overdue rent specified in the notice despite the lapse of time, as long as the payments were made before the final judgment.

JUDGMENT

A. MUHAMED MUSTAQUE, J.

The point that has to be considered in this revision is, whether a tenant, who is ordered to be evicted for default of arrears of rent, can avail the benefit of section 11(2)(c) of the Kerala Buildings (Lease and Rent) Control Act, 1965 , to vacate an order of eviction based on rent arrears deposited while challenge in appeal was pending.

2. The brief facts of the case are as follows:

The tenant was sought to be evicted on the ground of defaulted payment of rent under section 11(2)(a)(b) of the Act. The tenant raised a dispute as to the title of the landlord. Overruling his objection and noting that tenant failed to pay the rent arrears, an order under section 11(2)(a)(b) of the Act was passed on 03.07.2018. The eviction petition was preceded by a mandatory notice. Going by the calculation of the rent arrears, as per the notice, the rent arrears payable was Rs.11,400/-. The tenant deposited, Rs.87,400/- on 21.11.2018 and also made a further payment of Rs.22,800/- on 25.11.2019. The appeal filed by the tenant was dismissed on 18.06.2019. The revision filed before this Court by tenant was also dismissed on

09.10.2019.

3. The tenant filed I.A. No.1/2022 to vacate the order under section 11(2)(b) of the Act invoking the provisions under section 11(2)(c) of the Act. This was resisted by the landlord. The court below noting that the entire arrears have not been paid up to the date, dismissed application. The matter was carried in appeal by the tenant. The Appellate Authority also affirmed the order of the Rent Controller. Challenging the above, this revision is filed invoking section 20 of the Act.

4. Heard the learned counsel for the tenant and the landlord.

5. The first question to be considered in the light of formidable objection by the landlord is in regard to the rent payable under Section 11 (2) (b). According to the tenant, rent payable is only the rent arrears as covered by the mandatory notice. According to the learned counsel for the landlord, the entire arrears upto date will have to be construed as a rent payable. It is profitable to refer the provision for eviction under section 11(2)(a), (b) and (c):

‘’11. Eviction of tenants.-(1) xxx xxx (2)(a) A landlord who seeks to evict his tenant shall apply to the Rent Control Court for a direction in that behalf.

(b) If the Rent Control Court, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that the tenant has not paid or tendered the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable, it shall make an order directing the tenant to put the landlord in possession of the building, and if it is not satisfied it shall make an order rejecting the application thereof by him:

Provided that an application under this sub-section shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at six percent per annum and postal charges incurred in sending the notice within fifteen days of the receipt of the nott of proceedings, within the said period of one month or such further period, as the case may be, it shall vacate that order.ice or of the refusal thereof.

(c) The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry ot of proceedings, within the said period of one month or such further period, as the case may be, it shall vacate that order.f one month from the date of such order or such further period as the Rent Control Court may in its discretion allow; and if the tenant deposits the arrears of rent with interest and cost of proceedings, within the said period of one month or such further pe