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2022 Supreme(Online)(KER) 30519

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 OP (RC) NO. 93 OF 2022 SPEEDY DISPOSAL OF I.A.NO.2749 OF 2019 IN R.C.A.NO.22 OF

2015 OF THE RENT CONTROL APPELLATE AUHTORITY (III ADDITIONAL DISTRICT COURT), THRISSUR PETITIONERS/RESPONDENTS/PETITIONERS:

1 AHAMMED BASHEER, AGED 48 YEARS, S/O. MOIDUTTY HAJI, VARAMANGALAM HOUSE, ANGADI DESOM, MALAPPURAM TALUK, MALAPPURAM DISTRICT, PIN - 676102

2 DR.JAMSHI, AGED 44 YEARS W/O. AHAMED BASHEER,VARAMANGALAM HOUSE, ANGADI DESOM, MALAPPURAM TALUK MALAPPURAM DISTRICT, PIN - 676102 BY ADV MAHESH V.MENON RESPONDENT/APPELLANT/RESPONDENT:

JISON, AGED 56 YEARS S/O. JOHN, THANIKKAL HOUSE,, MANALOOR DESOM, MANALOOR P.O, PIN - 680617 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 08.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioners-landlords filed R.C.P.No.6 of 2011 before the Rent Control Court (Munsiff), Thrissur, seeking eviction of the respondent herein-tenant from the petition schedule room under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. In that Rent Control Petition, the Rent Control Court passed Ext.P1 order of eviction dated 22.02.2014, under Section 11(3) of the Act, and the tenant is directed to give vacant possession of the petition schedule room to the landlords within the time limit specified in that order. Challenging the order of eviction, the tenant filed R.C.A.No.22 of 2015 before the Rent Control Appellate Authority, Thrissur, which is pending consideration. In that appeal, the landlords filed I.A.No.2749 of 2019, which is an application under Section 12 of the Act, seeking an order directing the tenant to deposit the admitted arrears of rent and continue to pay rent during the pendency of the appeal. Now, the petitioners have filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Rent Control Appellate Authority to finally dispose of Ext.P3, i.e., I.A.No.2749 of 2019, expeditiously, within a time frame to be fixed by this Court.

2. Heard the learned counsel for the petitioners-

landlords. Conq`sidering the nature of relief proposed to be granted, service of notice on the respondent-tenant is dispensed with.

3. The learned counsel for the petitioners would submit that Ext.P3 application made by the petitioners- landlords is one filed under Section 12 of the Act, which requires time bound consideration by the Rent Control Appellate Authority, Thrissur.

4. 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 shall not be less than two weeks from the date on which the rent becomes due. As per Section 12(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 Section 12(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 application made by him to the Rent Control Court or the Appell

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