JUDGMENT

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.3 of

2020 on the file of the Rent Control Court, Chalakudy, a petition dated 10.03.2020 (Ext.P1) filed by the respondent herein-landlady under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking an order of eviction of the tenant from the petition schedule building. The landlady filed I.A.No.1 of 2020, a petition dated 06.07.2020 (Ext.P2), under Section 12(1) and (3) of the Act, seeking an order directing the tenant to deposit arrears of rent amounting to Rs.1,50,000/-, in respect of the petition schedule building, and in case of failure on the part of the tenant to deposit the arrears of rent, an order directing him to give vacant possession of the petition schedule building to the landlady. The tenant filed an objection dated 06.01.2021 (Ext.P3) in I.A. No.1 of 2020. The landlady filed a statement dated 10.02.2021 (Ext.P4), showing the arrears of rent payable. The Rent Control Court, by proceedings dated 27.02.2021 (Ext.P5), directed the tenant to pay the admitted arrears of rent, failing which his defence will be struck off. The proceedings dated 27.02.2021 reads thus;

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“Rs.10,000/- being paid today. The respondent is directed to clear off all admitted arrears of rent, failing which his defence will be struck off. Referred to mediation. If not settled, call on 08.04.2021.”

2. On 15.03.2021, the tenant filed a statement dated 15.03.2021 (Ext.P6), wherein it is admitted that an amount of Rs.1,40,000/- is due towards arrears of rent, as on 01.03.2021. On 08.04.2021, the Rent Control Court issued another proceedings (Ext.P7), which reads thus;

“Admitted amount of rent of Rs.1,40,000/- not deposited as ordered on 27.02.2021. For hearing

07.05.2021.”

3. Feeling aggrieved by Exts.P5 and P7 proceedings of the Rent Control Court, the petitioner-tenant is before this Court in this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. 4. On 04.05.2021, when this original petition came up for admission, this court admitted the matter on file and issued notice to the respondent. This Court granted an interim stay of further proceedings in R.C.P.No.3 of 2020, on condition that the petitioner-tenant deposits Rs.1,40,000/- before the Rent Control Court towards arrears of rent, within a period of three weeks.

5. On 30.06.2021, when this original petition came ::4::

up for consideration, despite service of notice, none appeared for the respondent. The petitioner-tenant filed I.A.No.1 of 2021 seeking extension of time for payment of Rs.1,40,000/-, in terms of the order of this Court dated 04.05.2021. The said application was accompanied by C.M.Appl.No.1 of 2021 to condone the delay of three days. Those applications were allowed by the order dated 30.06.2021 and the tenant was granted extension of time up to

02.07.2021 for payment of Rs.1,40,000/-.

6. Heard the learned counsel for the petitioner-

tenant. Despite service of notice, none appears for the respondent-landlady.

7. The issue that arises for consideration in this original petition is as to whether any interference is warranted on Exts.P5 and P7 proceedings of the Rent Control Court in R.C.P.No.3 of 2020, issued in the purported exercise of jurisdiction under Section 12 of the Act.

8. The learned counsel for the petitioner-tenant would contend that, since the tenant did not admit arrears of rent in Ext.P3 objection filed in I.A. No.1 of 2020, the Rent Control Court went wrong in directing the tenant, vide Ext.P5 proceedings, to clear off the ‘admitted’ arrears of rent, failing which his defence ::5::

will be struck off. There is no order of the Rent Control Court under Section 12(1) of the Act, specifying the admitted arrears of rent. No time limit, as prescribed in the proviso to Section 12(2), is specified in Ext.P5 proceedings. After Ext.P5, the tenant filed Ext.P6 statement, wherein it is admitted that an