Anil K. Narendran, J.

The petitioners-landlords filed R.C.P.No.73 of 2014 before the Rent Control Court (Munsiff), Thalassery, a petition under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent herein-tenant from the petition schedule shop room. In R.C.P.No.73 of 2014, the Rent Control Court passed Ext.P1 order of eviction dated 30.07.2018, under Section 11(2)(b) and 11(3) of the Act, and the tenant was directed to surrender vacant possession of the petition schedule shop room to the landlords, within the time limit specified in the order. Challenging the order of eviction granted in R.C.P.No.73 of 2014, the tenant filed R.C.A.No.102 of 2018 before the Rent Control Appellate Authority (Additional District Judge- IV), Thalassery, invoking the provisions under Section 18(1) (b) of the Act. During the pendency of that Rent Control Appeal, the landlords filed I.A.No.1 of 2022, an application under Section 12 of the Act, seeking an order directing the tenant to deposit arrears of rent within a specified time and in case of failure, direct the tenant to handover vacant possession of the petition schedule shop room to the landlords. The grievance of the petitioner is the delay in disposal of R.C.A.No.102 of 2018 and also I.A.No.1 of 2022, the application filed under Section 12 of the Act.

2. Heard the learned counsel for the petitioners-

landlords. Considering the nature of the relief proposed to be granted, service of notice on the respondent-tenant is dispensed with.

3. The learned counsel for the petitioners would point out that the Rent Control Petition is one of the year 2014, in which an order of eviction was passed on 30.07.2018. The appeal filed by the tenant as R.C.A.No.102 of 2018 is pending before the Rent Control Appellate Authority, for the last more than three years. In that appeal, the landlords filed I.A.No.1 of 2022, an application under Section 12 of the Act, seeking an order directing the tenant to deposit admitted arrears of rent, which is also pending consideration.

4. 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 Re