The court emphasized the necessity of fairness in landlord-tenant disputes by allowing the tenant to contest the matter despite previous failures to appear.

O R D E R

A.Muhamed Mustaque.J The revision petition was filed by the tenant. The revision petitioner disputes the landlord-tenant relationship. We are referring to the status of the parties as landlord and tenant for clarity and understanding of proceedings, and no way would construe that they have upheld the status of the parties as landlord and tenant. The landlord filed the Rent Control Petition under Section 11 (2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act . An ex- parte order was passed. The tenant filed an application to set aside the ex-parte order. This has been dismissed by a detailed order by the Rent Control Court. We note that there was no delay in filing the application to set aside the ex-parte order. Several opportunities were given to the tenant by the Rent Control Court to contest the matter, but the tenant failed to avail of this opportunity and remained ex- parte. This view of the Rent Control Court was also accepted by the appellate court in an appeal filed by the tenant.

2. According to the landlord, the rent payable is Rs.60/- per month. The tenant's case is that the tenant is liable to pay only Rs.45/- per month for use and occupation and his father was paying that amount. But, it was fairly admitted by the learned counsel that even by calculation of Rs.45/-, around Rs.6,000/- is due towards the use and occupation. We are of the view that an opportunity should be given to the tenant to contest the matter, especially when the tenant raised a contention that there is no landlord-tenant relationship.

3. Having considered the facts and circumstances, we allow the revision petition with the following terms and conditions:-

The revision petitioner/tenant shall pay Rs.6,000/- (Rupees Six Thousand only) before the Rent Control Court, and this shall be done within three weeks. The revision petitioner/tenant shall also pay Rs.4,000/-(Rupees Four Thousand only) towards costs along with the above Rs.6,000/- within the time granted as above. The Rent Control Court shall dispose of the matter before 11.4.2025.

Pending the rent control proceedings, the tenant shall pay a sum of Rs.1,000/- (Rupees One Thousand only) towards rent (for use and occupation as claimed by the respondent/landlord) till the final termination of the proceedings.

The payment as above is subject to any application for fair rent fixation to be filed by the landlord. All other contentions are left open. The parties shall appear before the Rent Control Court on 25.2.2025.

The rent control revision is allowed as above.