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2022 Supreme(Online)(KER) 32620

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
NANDANAM TILES & SANITARIES (P) LTD – Appellant
Versus
ABDUL GAFFUR – Respondent


Advocates:
For the Appellants/Petitioners: K.B.PRADEEP, HARISANKAR R, JEEVAN KRISHNAKUMAR
For the Respondents:

Table of Content
1. tenant must deposit arrears to contest eviction. (Para 1 , 4 , 14)
2. supervisory jurisdiction is not appellate. (Para 26 , 29)

JUDGMENT

Anil K. Narendran, J

The petitioner is the respondent-tenant in R.C.P.No.2 of 2020 on the file of the Rent Control Court (Munsiff) Kodungallur, 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 on the ground of arrears of rent to the tune of Rs.23,05,577/- in respect of the petition schedule building, from the month of March 2019 onwards. During the pendency of that Rent Control Petition, the landlord filed I.A No.1 of 2020, an application under Section 12 of the Act seeking an order directing the tenant to deposit Rs.29,07,975/- towards the arrears of rent. In that interlocutory application, the tenant submitted objections. He raised the contention that the landlord had purchased articles worth Rs.26,00,000/- on credit, agreeing to adjust the value of the same towards the rent payable at the rate of Rs.1,44,500/- per month. The tenant has also contented that Rs.25,00,000/- has already been paid to the landlord towa

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