A tenant must pay admitted rent to contest eviction proceedings under the Kerala Buildings Act; failure to do so justifies eviction.

P.G.Ajithkumar, J.

The respondent in R.C.P No.24 of 2016 before the Rent Control Court (Munsiff), North Paravur is the revision petitioner. Rent Control Court, as per order dated 29.03.2021, stopped further proceedings in the R.C.P under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 and directed the petitioner-tenant to surrender vacant possession of the petition schedule room to the respondent- landlord. The petitioner preferred an appeal as R.C.A No.7 of 2021 under Section 18 of the Act before the Rent Control Appellate Authority (Additional District Judge, North Paravur), but it was unsuccessful. Hence, he filed this revision petition under Section 20 of the Act.

2. Heard the learned counsel appearing for the petitioner in detail.

3. The respondent filed R.C.P No.24 of 2016 for eviction under Section 11 (2) (b), 11(3) and 11(4)(v) of the Act. In the R.C.P he filed I. A No. 2472 of 2018 under Section

12 of the Act. Rent from January 2016 at the rate of Rs.6,000/- per month was said to be due. Rent Control Court, accepting that contention of the petitioner, passed an order under section 12(1) of the Act. The petitioner filed R.C.A No.18 of 2019 assailing that order. Such an appeal is not maintainable; however, the Appellate Authority entertained the appeal and modified the order of the Rent Control Court. The petitioner was directed to pay admitted arrears of rent from January 2016 at the rate of Rs.3,000/- per month. The direction of the Appellate Authority was to pay the admitted arrears of rent within five days.

4. The petitioner filed O.P.(R.C) No.28 of 2020 before this Court. The judgment of the Appellate Authority dated 03.02.2020 in R.C.A No.18 of 2019 was confirmed. However, the petitioner was granted two more weeks from the date of receipt of a copy of the judgment to deposit the arrears of rent. The petitioner would state that he obtained a copy of the said judgment on 07.03.2020. Therefore, the obligation of the petitioner was to pay the admitted arrears of rent on or before

21.03.2020.

5. From the materials on record, it is seen that the entire arrears of rent admitted to be due was not paid by the petitioner on or before 21.03.2020. The petitioner paid Rs.1,31,000/- by 17.03.2020, and later paid an amount of Rs.25,000/-. As per the statement filed by the respondent, an amount of Rs.21,000/- was still due being the arrears of rent till 20.02.2021. An amount of Rs.33,160/- was also claimed towards interest, but the Rent Control Court declined that claim. Thus, the petitioner was bound to pay Rs.21,000/- which was the arrears of rent till 20.02.2021. The petitioner did not pay that amount till 22.03.2021. Instead, he filed I. A. No.4 of 2021 seeking one week more to pay that amount. The matter was adjourned to 29.03.2021, and on finding that the amount was still due and no explanation was offered, the Rent Control Court on that day passed the impugned order under Section 12 (3) of the Act.

6. Before the Appellate Authority, the petitioner made a strenuous attempt to apprise that there was sufficient reason not to pay the balance amount of Rs.21,000/- within the allowed time. He contended that he filed I.A.No.4 of 2021 seeking one more week to make payment for a justifiable reason, but an order under Section 12 (3) of the Act was passed without considering that request. His plea was that there occurred denial of opportunity and hence that order is illegal. The Appellate Authority, by placing reliance on Narayanan v. Vinod [2004 (3) KLT 995], justified the order of the Rent Control Court. It was held that sufficient ti