Back
2022 Supreme(Online)(KER) 46619
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
SUNNY JOSEPH – Appellant
Versus
RIJU – Respondent
RCRev./162/2022
PRABHU K.N., MANUMON A., JAYAN KUTTICHAKKU, P.K. SREEVALSAKRISHNAN, K.R. PRATHISH
The necessity of procedural fairness in tenancy eviction proceedings mandates the provision of notice to the tenant before stopping rent control actions.
Headnote:
Rent - Tenancy - Kerala Buildings (Lease and Rent Control) Act - Sections 11(3), 12(1), 12(3) - The court highlighted the requirement of due process in eviction proceedings, emphasizing the necessity for notice before stopping proceedings, as mandated by law.
Fact of the Case:
The landlord filed a petition under the Kerala Buildings Act for non-payment of rent. The Rent Controller stopped proceedings for non-deposit of arrears without giving the tenant an opportunity to explain.
Finding of the Court:
The court found a procedural irregularity as the tenant was not given a show cause notice as required by Section 12(3) before stopping the proceedings, which rendered the order unsustainable.
Issues: Whether the Rent Controller properly exercised its jurisdiction in stopping the proceedings without providing the tenant an opportunity as mandated under Section 12(3).
Ratio Decidendi: The court held that failure to provide a show cause notice to the tenant before stopping proceedings is a violation of procedural fairness as mandated by Section 12(3) of the Kerala Buildings Act.
Final Decision: The revision petition succeeds, and the case is remanded for reconsideration with due process.
J U D G M E N T
A. Muhamed Mustaque, J This matter arises from the proceedings under Section
12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 . The tenant is before us. The landlord filed the rent control petition under Section 11 (3) of the . In that, the landlord filed an application under Section 12 (1) stating that the tenant has not paid the arrears of rent. This application was filed vide I.A. No.2 of 2021. It appears that an order was passed directing the tenant to deposit the arrears of rent before this Court. However, he failed to deposit the arrears of rent. Thereafter, the landlord filed I.A. No.3 of 2021 to stop all further proceedings and to put the landlord in possession of the petition schedule room. Both the applications were taken up on 26.07.2021. The Rent Controller passed the following order in I.A Nos.2 and 3 of 2021 on the same day:
“I.A. No.2 of 2021 Petition filed under Section 12 (C) of Kerala Buildings (Lease and Rent Control) Act 1965 to deposit admitted arrears of rent before court.
Admitted arrears of rent not deposited. No sufficient cause shown for the non deposit of the same. Hence the proceedings are stopped. The tenant is directed to put the land lord in possession of the petition schedule room.
I.A. No.3 of 2021 Petition filed under Section 12 (C) of Kerala Buildings (Lease and Rent Control) Act, 1965 to stop further proceedings in the petition and for a direction to put the landlord in possession of the petition schedule room.
No deposit of admitted arrears of rent made.
Hence proceedings stopped. Rent control petition allowed. The tenant is directed to put the landlord in possession of the petition schedule room.”
2. These orders were carried in appeal before the Appellate Authority. The Appellate Authority noting non- payment of arrears of rent dismissed the appeal. Challenging these orders, the tenant has come up with this Rent Control Revision.
3. The learned counsel for the revision petitioner would submit that the Rent Controller as well as the Appellate Authority failed to exercise its jurisdiction. It is specifically pointed out that both orders under Section 12 (1) and 12(3) were passed on the same day. It is submitted that no opportunity was given to the tenant in terms of (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 .
4. The learned counsel for the tenant would submit that there are more than Rs.6 lakhs is due towards the arrears of rent and pending proceedings, the tenant had paid Rs.3 Lakhs. The tenant undertook before us that he will pay Rs.3 lakhs based on the order of this Court on
30.09.2022. We record the same.
5. We noted the procedural irregularity in passing orders in this matter by the Rent Controller. If the tenant failed to deposit the rent arrears within the time as fixed by the Court, the Rent Controller ought to have given show cause notice to the tenant as to why proceedings shall not be stopped and order tenant to put the land on possession as mandated under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 . No such opportunity was given in this matter. In such view of the matter, we are of the view that the order passed under (3) of the is not sustainable. However, we affirm the order passed under (1) as the tenant failed to discharge the arrears of rent. Fresh order shall be passed on I.A. No.3 of 2021 after giving sufficient opportunity to the tenant. Accordingly, we remand back I.A. No.3 of 2021 for reconsideration under (3) of the .
The revision succeeds as above. No order as to costs.
A.MUHAMED MUSTAQUE JUDGE
