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2023 Supreme(Online)(KER) 20775

HIGH COURT OF KERALA
P. B. Suresh Kumar, SOPHY THOMAS, JJ
S.R. BALASUBRAMANIAN – Appellant
Versus
KRISHNANUNNI – Respondent


Advocates:
SRI.S.VINOD BHAT, ANAGHA LAKSHMY RAMAN, GREESHMA CHANDRIKA.R, RAJESH SIVARAMANKUTTY(K/1153/1994)

O R D E R

Sophy Thomas, J.

The tenant who suffered an order under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’), is the revision petitioner herein, and the respondent is the landlord.

2. The landlord filed RCP No.23 of 2020 before the Rent Control Court, Palakkad, for evicting the tenant under Section 11 (4)(v) of the Act. Pending RCP, he filed I.A No.804 of 2021 under Section 12 of the Act, alleging that the rent was in arrears. Admittedly, the monthly rent agreed was Rs.2,535/-. According to the landlord, the rent was in arrears from August 2020 to February 2021. In I.A No.804 of 2021, the tenant was asked to deposit Rs.17,745/- being the admitted arrears of rent. The tenant filed objection to that I.A inter alia contending that during Covid-19 pandemic, his business was running at a loss, and so, he was not able to pay the rent promptly. He sought six months time to remit the arrears of rent. But, the Rent Control Court, ignoring his objection, allowed I.A No.804 of 2021, and directed him to pay the arrears of rent on or before 03.06.2021. He could not remit the arrears of rent on or before 03.06.2021, as directe

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