JUDGMENT

Anil K. Narendran, J.

The petitioner filed R.C.P.No.6 of 2021 on the file of the Rent Control Court (Munsiff), Punalur, a petition under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent herein-tenant from the petition schedule building. The petitioner is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court to take up R.C.P.No.6 of 2021 and dispose of the same, within a time limit to be fixed by this Court.

2. On 30.06.2022, when this original petition came up for admission, this Court issued notice to the respondent-tenant by speed post, returnable within three weeks. Registry was directed to call for a report from the Rent Control Court, Punalur as to the present status of R.C.P.No.6 of 2021 and also the interlocutory application filed under Section 12 of the Act.

3. Pursuant to the order dated 30.06.2022, a report dated

07.07.2022 is received from the Rent Control Court, Punalur, wherein it is stated that an interlocutory application, i.e., I.A.No.1 of 2021, filed by the landlord seeking an order directing the tenant to pay an amount of Rs.1,82,726/- being the arrears of rent till 21.11.2021 and Rs.1,00,000/- being electricity charge is pending consideration, which now stands posted to 09.08.2022 for objection. As per the said report, I.A.No.1 of 2021 is one filed under Section 151 of the Cod of Civil Procedure, 1908. In the report, it is stated that there are 2925 cases pending before that court, out of which 549 cases belongs to 5+ year old matters and in 11 cases, there are already directions for time bound disposal.

4. Heard the learned counsel for the petitioner-landlord.

Despite service of notice, none appears for the respondent-tenant.

5. The learned counsel for the petitioner-landlord would submit that R.C.P.No.6 of 2021 is one filed on 23.11.2021. The tenant has defaulted payment of monthly rent and as such a time bound consideration of that Rent Control Petition is highly essential.

6. Seeking an order directing the tenant to deposit the arrears of rent and also electricity charges, the landlord has filed I.A.No.1 of 2021 before the Rent Control Court, which is pending consideration. Though the provision quoted in I.A.No.1 of 2021 is Section 151 of the Code of Civil Procedure, the relief sought for in that application for paymen t of admitted arrears of rent falls under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965.

7. 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 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 Section 12(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 Section 12(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 s