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