JUDGMENT

Ajithkumar, J.

The 1st respondent is the landlord. He filed R.C.P.No.87 of

2016 before the Rent Control Court (Munsiff), Tirur for eviction of the tenants under Sections 11(2)(b), 11(8), 11(4)(i) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The petition was allowed ordering eviction of the tenants. Out of the co-tenants, the 4th respondent in the R.C.P., filed R.C.A.No.22 of 2021 under Section 18(1)(b) of the Act challenging the order of eviction. The petitioner seeks an early disposal of the said appeal for which he has filed this original petition under Article 227 of the Constitution of India.

2. Heard the learned counsel for the petitioner.

Considering the nature of relief proposed to be granted in the original petition, service of notice on the respondents is dispensed with.

3. The grievance of the petitioner is that the tenants are continuing in occupation of the petition schedule building without paying any rent even inspite of the order of eviction passed by the Rent Control Court. The rent control appeal is of the year 2021. It appears that service of notice on all the respondents is yet to be completed. It may take some more time to complete service of notice on all the respondents. However, it remains the fact that the appellant, one of the tenants, who challenges the order of eviction by filing R.C.A.No.22 of 2021, has been prosecuting the appeal without making payment of the rent in arrears.

4. In Ramkumar J. v. Ashok Jacob [ILR 2021 (4)

Kerala 876] this Court explained the principle contained in Section 12 of the Act. It was observed, '12. 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.

13. Section 12(1) of the Act enjoins a tenant, against whom an application for eviction has been made by a landlord under Se