A tenant must deposit admitted arrears of rent during eviction proceedings to contest the application under the Kerala Buildings (Lease and Rent Control) Act.

JUDGMENT

Anil K. Narendran, J The petitioner is the landlord in R.C.P.No.42 of 2019 on the file of the Rent Control Court (Additional Munsiff-III), Ernakulam, a petition filed under Sections 11 (2)(b), 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , seeking eviction of the respondent herein-tenant from the petition schedule building. Along with the Rent Control Petition, the petitioner filed I.A.No.4 of 2020 invoking the provisions under Section 12 of the Act seeking an order directing the tenant to deposit the admitted arrears of rent and continue to pay the rent for the subsequent period, during the pendency of that rent control petition. Now, the grievance of the petitioner is the delay in disposal of R.C.P.No.42 of 2019 and also I.A.No.4 of 2020 filed in the Rent Control Petition under of the Act. The petitioner has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court to dispose of I.A.No.4 of 2020 in R.C.P.No.42 of 2019, within a time limit to be fixed by this Court. The petitioner has also sought for a direction to the Rent Control Court, Ernakulam, to dispose of R.C.P.No.42 of 2019, within a time limit to be fixed by this Court.

2. Heard the learned counsel for the petitioner.

Considering the nature of relief proposed to be granted, we deem it appropriate to dispense with the service of notice on the respondent.

3. During the course of arguments, the learned counsel for the petitioner-landlord would submit that the tenant has already filed a counter in R.C.P.No.42 of 2019 and also in I.A.No.4 of 2020 and the matter now stands posted to 13.01.2022 for further consideration. A time bound consideration of I.A.No.4 of 2020 and R.C.P.No.42 of 2019 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 (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 (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 (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 (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 (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