JUDGMENT

Anil K. Narendran, J.

The 1st petitioner is a senior citizen aged 75 years and the 2nd petitioner is her son. The petitioners-landlord have filed R.C.P.No.214 of 2020 before the Rent Control Court (Munsiff), Ernakulam, a petition filed under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, against the respondent herein-tenant seeking eviction from the petition schedule building. A copy of the R.C.P. is placed on record as Ext.P1.

2. Along with R.C.P.No.214 of 2020, the landlord filed I.A.No.1 of 2020, an application under Section 12 of the Act, seeking an order directing the tenant to pay Rs.2,50,000/- to the landlord or deposit the said amount towards arrears of rent with 18% interest from February, 2020, failing which to stop all further proceedings in R.C.P.No.214 of 2020 and put the landlords the possession of the petition schedule building. Now, the grievance of the petitioners is the delay in disposal of I.A.No.1 of 2020 in R.C.P.No.214 of 2020. In this original petition filed under Article 227 of the constitution of India invoking the supervisory jurisdiction of this Court, the relief sought for is an order directing the Rent Control Court, Ernakulam to dispose of I.A.No.1 of 2020 in R.C.P.No.214 of 2020 in accordance with law, within a time frame to be fixed by this Court.

3. Heard the learned counsel appearing for the petitioners-landlord. Considering the nature of relief proposed to be granted, service of notice on the respondent-tenant is dispensed with.

4. I.A.No.1 of 2020 in R.C.P.No.214 of 2020 is one filed by the landlords under Section 12 of the Act, during the pendency of R.C.P.No.214 of 2020, which is one filed under Sections 11(2)(b) and 11(3) of the Act, seeking eviction of the respondent-tenant from the petition schedule building.

5. 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 a