A tenant who fails to deposit admitted rent during eviction proceedings cannot contest eviction and must seek appeal against final decisions only.

JUDGMENT

Ajithkumar, J.

The revision petitioner is the respondent-tenant in R.C.P.No.31 of 2020 of the Rent Control Court (Principal Munsiff), Ernakulam, filed under Section 11 (2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . The respondent-landlord filed I.A.No.3 of 2022, Ext.P5, in the R.C.P. under Section 12 of the Act. The Rent Control Court as per order under (1) of the Act, on 10.02.2022, directed the petitioner to pay or deposit before the court within 30 days Rs.5,72,800/-, being the arrears of rent from 19.02.2020 to 30.01.2022. There was a further direction to the petitioner to continue to remit the rent for the subsequent period within 15 days from the date of due. Arrears of rent was not deposited in time or within the extended period. The Rent Control Court holding that no sufficient explanation was shown by the petitioner, as per Ext.P10 order dated 05.04.2022 directed the petitioner to handover vacant possession of the petition schedule building to the respondent within a period of 30 days from the date of that order, under the provision of (3) of the Act. The petitioner challenges the said orders, Exts.P7 and P10, in this Original Petition filed under Article 227 of the Constitution of India.

2. The respondent entered appearance through Advocate Sri.P.M.Joshy. As per order dated 10.05.2022, this Court as a last chance granted three weeks' time for making payment of the admitted arrears of rent.

3. Today, we heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the respondent.

4. Section 12 of the Act deals with payment or deposit of rent during the pendency of proceedings for eviction. As per (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. As per (2), the deposit under sub-section (1) shall be made within such time as the court may fix and in such manner as may be prescribed and shall be accompanied by the fee prescribed for the service of notice referred to in sub-section (4). As per the proviso to (2), the time fixed by the court for the deposit of the arrears of rent shall not be less than four weeks from the date of the order and the time fixed for the deposit of rent which subsequently accrues due shall not be less than two weeks from the date on which the rent becomes due. As per (3) of the Act, 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. As per (4), when any deposit is made under sub-section (1), the Rent Control Court or the Appellate Authority, as the case may be, shall cause notice of the deposit to be served on the landlord in the prescribed manner, and the amount deposited may, subject to such conditions as may be prescribed, be withdrawn by the landlord on an application made by him to the Rent Control Court or the Appellate Authority in that behalf.

5. The liability of a tenant under Section 12 (1) of the Act, against whom an application for eviction has been made by a landlord under Section 11 , or who prefer an appeal under Section 18