JUDGMENT “CR”

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.97 of 2020 on the file of the Rent Control Court (Munsiff), Thrissur, a petition filed by the respondent herein-landlord under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule building on the ground of arrears of rent. In that Rent Control Petition, the landlord filed I.A.No.2 of 2021, an application under Section 12 of the Act, seeking an order directing the tenant to remit admitted arrears of rent and continue to pay rent for the subsequent period, during the pendency of that eviction proceedings. Despite receipt of notice, the tenant did not appear before the Rent Control Court. On 12.11.2021, the tenant was set exparte. Thereafter, on 20.11.2021, the Rent Control Court allowed I.A.No.2 of 2021, by directing the tenant to pay the admitted arrears of rent within a period of four weeks from that order, which is one passed under Section 12(1) of the Act. On 14.12.2021, the Rent Control Court recalled that order on noticing that the order dated 20.11.2021 in I.A.No.2 of 2021 was one passed in the absence of the respondent.

2. As borne out from the pleadings in this original petition, on coming to know about the order dated 20.11.2021 of the Rent Control Court in I.A.No.2 of 2021, the tenant filed a copy application for obtaining certified copy of that order. That application was not considered, since none has filed vakkalath for the respondent-tenant in R.C.P.No.97 of 2020. Therefore, a counsel filed vakkalath for the respondent-tenant. On 14.12.2021 the Rent Control Court recalled the order dated 20.11.2021 in I.A.No.2 of 2021, since the same happened to be passed in the absence of the tenant and listed the matter to 21.12.2021, for counter. On 21.12.2021 and thereafter on 03.01.2021 there was no representation for the tenant. On 05.01.2022, the Rent Control Court passed Ext.P4 order, whereby I.A.No.2 of

2021 stands allowed under Section 12(1) of the Act, by directing the tenant to deposit admitted arrears of rent for the period from July, 2019, with 6% interest per annum from the date of default till the date of petition, within a period of four weeks from the date of that order. Though the name of the counsel who filed vakkalath for the tenant is shown in the headnote of Ext.P4 order, a reading of the said order would make it explicitly clear that, on 05.01.2022 the tenant was not represented by counsel and the Rent Control Court passed that order after hearing the counsel for the landlord.

3. Challenging the order dated 05.01.2022 of the Rent Control Court in I.A.No.2 of 2021 in R.C.P.No.97 of 2020, the petitioner-tenant is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

4. On 23.03.2022, when this original petition came up for admission, this Court issued notice on admission to the respondent. The petitioner was also permitted to take out notice to the respondent through his counsel before the Rent Control Court, Thrissur, where R.C.P.No.97 of 2020 is pending consideration.

5. The respondent has filed a counter affidavit opposing the reliefs sought for in this original petition.

6. Heard the learned counsel for the petitioner-

tenant and also the learned counsel for the respondent-

landlord.

7. The issue that arises for consideration in this original petition is as to whether any interference is warranted on Ext.P4 order dated 05.01.2022 of the Rent Control Court in I.A.No.2 of 2021 in R.C.P. No.97 of 2020, which is one issued by the Rent Control Court invoking the provisions under Section 12(1) of the Act.

8. Section 12 of the Act deals with payment or deposit of rent during the pendency of proceedings for eviction. As per Section 12(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