The court held that factual disputes regarding rent must be resolved at trial, emphasizing the distinction between acknowledged and disputed arrears.

J U D G M E N T

A. Muhamed Mustaque, J.

This original petition has been filed by the tenant challenging the order under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act , 1965. There is no dispute in regard to landlord-tenant relationships. The tenant would contend that the rent is in arrears from June 2023 at the rate of Rs.500/-.

2. The landlord would contend that the rent payable is Rs.1000/- and it is due from June 2022 onwards.

3. The Rent Control Court, relying on the counterfoils produced by the landlord, had found that the rent is due at the rate of Rs.1000/- from June 2022 onwards.

4. The question is whether the Rent Control Court could have adjudicated this serious dispute regarding the questions of fact. There is no universal principle that the Court should simply go by the tenant's submission that there are no arrears or on regard to the rate of rent. If the Court can form an opinion as to the rate of rent and also can form an opinion that it is due from a particular period, the Court can very well order the payment of rent arrears at the rate found to be payable by the Court. However, if there is a serious dispute to the question of fact, the Court shall relegate such disputes to be decided through a full fledged trial.

In this case, we find that the Court relied on the counterfoils produced subsequent to the filing of the petition. The tenant disputes the existence of such counterfoils and submits that he never signed such counterfoils. This disputed question of fact will have to be adjudicated at the time of trial. In view of the fact that the tenant had admitted only that the rent payable is due from June 2023 at the rate of Rs.500/-, we are of the view that the impugned order has to be modified, and accordingly, the tenant is ordered to pay the rent arrears at the rate of Rs.500/- from June-2023 onwards within four weeks from today and continue to pay the rent due from time to time. The Rent Controller also shall make every effort to dispose of the case in the light of the directions issued by this Court in Irvin John Jayarajan and Others v. Madhavi Alias Narayani Amma and Others [2022 (7) KHC 1] Modifying the impugned order as above, the original petition stands disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

P. KRISHNA KUMAR JUDGE PR APPENDIX OF OP (RC) 15/2025 PETITIONER EXHIBITS Exhibit P2 TRUE COPY OF RENT CONTROL PETITION FILED BY THE RESPONDENT NUMBERED AS RCP NO.163/2023 PENDING ON THE FILES OF LEARNED RENT CONTROL COURT (IIIRD ADDITIONAL MUNSIFF’S COURT, ERNAKULAM)

Exhibit P3 TRUE COPY OF THE OBJECTION DATED

02/04/2024 FILED BY THE PETITIONER HEREIN TO RCP 163/2023 Exhibit P4 TRUE COPY OF I.A. NO. 3 / 2024 PREFERRED BY RESPONDENT HEREIN IN R.C.P. 163/2023 UNDER S.12 OF THE KERALA BUILDINGS (LEASE AND RENT CONTROL) ACT, 1965 Exhibit P5 TRUE COPY OF THE OBJECTION DATED

24/09/2024 TO I.A.NO. 3/2024 FILED BY PETITIONER HEREIN Exhibit P6 TRUE COPY OF LIST OF DOCUMENT PRODUCED BY THE RESPONDENT HEREIN SERVED ON

17.07.2024 Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE DEMISED ROOM Exhibit P8 TRUE COPY OF PROCEEDINGS DATED

15/01/2025 IN RCP 163/2023