Tenant's failure to deposit admitted rent leads to automatic eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

ORDER

Anil K. Narendran, J.

The petitioner is the 1^st respondent-tenant in RCP No.92 of 2017 on the file of the Rent Control Court (Munsiff), Thrissur, a petition filed by the respondent herein-landlady seeking eviction of the petitioner-tenant and the 2^nd respondent therein-sub tenant from the petition schedule shop room, invoking the provisions under Sections 11 (2)(b), 11(3) and 11(4) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . The tenant entered appearance and filed counter in the RCP, opposing the order of eviction sought for. On the side of the landlady, she was examined as PW1 and Exts.A1 to A6 were marked. On the side of the tenant, RW1 was examined. After considering the pleadings and evidence on record, the Rent Control Court, by the order dated 24.06.2022 granted an order of eviction under (2)(b) and 11(3) of the Act. The ground of eviction under Section 11 (4) of the Act was declined. The tenant was directed to put the landlord in vacant possession of the petition schedule shop room, within a period of two months from the date of that order. The order of eviction granted by the Rent Control Court was under challenge in RCA No.55 of 2022 filed by the tenant before the Rent Control Appellate Authority-III (Additional District Judge), Thrissur. During the pendency of that appeal, the landlady filed I.A.No.3 of 2022 seeking an order invoking the provisions under Section 12 of the Act seeking an order directing the tenant to deposit the admitted arrears of rent at the rate of Rs.4,800/- per month from February, 2022 and continue to pay the monthly rent, during the pendency of that appeal. In I.A.No.3 of 2022, the Appellate Authority passed an order dated 14.07.2023. Paragraphs 10 and 11 of that order read thus;

“10. It is the settled position of law that the jurisdiction of Rent Control Appellate Authority to direct the tenant to deposit the rent arrears is confined only to admitted arrears of rent. Here, the admitted rate of rent with respect to the petition schedule building is Rs.4800/- per month. Even though the appellant had contended that he had paid the rent the appellants has not produced any receipt or document evidencing the payment of rent as specified under Section 9 of the Act. From the available records and the above discussions, the conclusion to be drawn is that the appellant who is prosecuting the appeal has to be ordered to deposit admitted arrears of rent within the time frame as per the proviso to Section 12 (2) of the Act. As per the statutory mandate of (1), on an application filed by the landlord under , the Rent Control Court or the appellate authority, as the case may be, has to order payment or deposit of arrears of rent admitted by tenant to be due in respect of the petition schedule building, up to the date of payment or deposit and the tenant shall also be directed to continue to pay or 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, regardless of the relief sought for in that application. So, this court is statutorily bound to pass an order directing the appellant/tenant to pay or deposit admitted arrears of rent up to the date of payment or deposit and continue to pay or deposit rent which may subsequently become due till the disposal of the appeal.

11. For the reasons above stated, the application is allowed as follows;

(1) The appellant is ordered to deposit the arrears of rent at the rate of Rs.4,800/- per month from February 2022 till the date of deposit/payment as provided under Section 12 (1) of the Act.

(2) The deposit shall be made by 10^th August, 2023.

(3) After deposit of the aforesaid amount, the appellant will continue to deposit or pay the rent directly to the respondent/landlord at the rate of Rs.4,800/- per month on or before 20^th of every month, till the disposal of the appeal.”

2. Though the tenant deposited the admitted arrear