J U D G M E N T

Anil K. Narendran, J The petitioner, who is a senior citizen aged 62 years, filed R.C.P.No.80 of 2021 before the Rent Control Court (Munsiff), Thrissur, a petition under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the respondent herein-tenant from the petition schedule building on the ground of arrears of rent. In the Rent Control Petition, it is alleged that the arrears of rent as on the date of that petition comes around Rs.1.40 lakhs. In R.C.P.No.80 of 2021, the landlord has also filed I.A No.1 of 2022, an application under Section 12 of the Act, seeking an order directing the tenant to remit an amount of Rs.1,40,000/- towards arrears of rent for the period from 01.01.2021 till 28.02.2022. That application is one filed on 15.02.2022. In R.C.P.No.80 of 2021 and also in I.A.No.1 of 2022, the tenant is yet to file a counter. Now the Rent Control Petition and the interlocutory application are listed to 29.03.2022. The petitioner seeks time bound consideration of the interlocutory application filed under Section 12 of the Act (Ext.P2).

2. Heard the learned counsel for the petitioner-landlady.

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

3. The learned counsel for the petitioner would submit that considering the fact that the landlady is a widow and a senior citizen aged 62 years, a time bound consideration of I.A.No.1 of

2022 in R.C.P.No.80 of 2021 is highly essential.

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 Rent Control Court or the Appellate Authority, as the case may be, shall cause notice of the deposit to be served on the landlord in the prescribed manner, and the amount deposited may, subject to such conditions as may be prescribed, be withdrawn by the landlord on application made by him to the Rent Control Court or the Appellate Authority in that behalf.

5. Section 12(1) of the Act enjoins a tenant, against whom an application for eviction has been made by a landlord under Section 11, to pay to the landlord, or deposit with the Rent Control Court, all arrears of