SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 137

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
GOVINDAN – Appellant
Versus
SOBHANA – Respondent
RCREV. NO. 293 OF 2025 | RCA NO. 118 OF 2025 | RCP NO. 16 OF 2019



Advocates:
For the Appellants/Petitioners: K.M.MUHAMMED HUSSAIN
For the Respondents: None stated

A tenant's failure to deposit admitted rent arrears under the Rent Control Act justifies eviction proceedings.

Headnote:The Rent Control Revision pertains to eviction proceedings initiated by a landlord under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, against a tenant who failed to deposit admitted arrears of rent, resulting in summary eviction. The court emphasized that the tenant cannot contest eviction without complying with the statute's requirements of rent deposit. The appellate authority's dismissal of the tenant's appeal was affirmed, with no valid grounds for interference identified. The tenant was granted one month to vacate the premises if an undertaking is filed, failing which the eviction order would execute.

Table of Content
1. tenant's appeal for eviction due to non-payment of rent. (Para 1 , 2 , 3)
2. legal obligations of tenants regarding rent deposits and eviction guidelines. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)

O R D E R Jobin Sebastian, J.

This Rent Control Revision is filed by the tenant in R.C.P. No.

16/2019 on the file of the Rent Control Court, Thrissur, who is the appellant in R.C.A. No. 118/2025 before the Rent Control Appellate Authority, Thrissur.

2. The aforesaid R.C.P. was filed by the respondent herein, the landlord, under Sections 11 (2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as “the Act”), seeking eviction of the tenant. During the pendency of the Rent Control Petition, the Rent Control Court passed an order under Section 12 (1) of the Act directing the tenant to deposit the admitted arrears of rent and to continue to deposit the rent that may subsequently become due in respect of the tenanted building.

3. However, the tenant failed to comply with the said direction within the time stipulated in the order. Consequently, the Rent Control Court passed an order of summary eviction under Section 12 (3) of the Rent Control Act. Aggrieved by the said order, the tenant preferred an appeal before the Rent Control Appellate Authority as R.C.A. No. 118/2025. The said appeal was dismissed by judgment dated 27.11.2025. Challenging the said judgment, the present Revision Petition has been filed.

4. While considering whether any interference is warranted with the order passed by the Rent Control Court under Section 12 (3) of the Rent Control Act, as confirmed by the Rent Control Appellate Authority, it is relevant to note that of the Act mandates that a tenant shall not be entitled to contest an eviction proceeding unless he deposits the admitted arrears of rent due in respect of the building up to the date of payment and continues to pay or deposit the rent that may subsequently become due until the termination of the proceedings before the Rent Control Court or the Appellate Authority, as the case may be.

5. In the present case, both the Rent Control Court and the Appellate Authority have concurrently found that the arrears of rent were admitted by the tenant. A perusal of the orders passed by the authorities below reveals that such findings were arrived at on the basis of the pleadings and materials placed before them by both parties.

6. The order of the Rent Control Court as well as the Appellate Authority, disclose that both the forums recorded a finding regarding the existence of a landlord–tenant relationship based on the admissions made by the tenant and by placing reliance on the documents produced by the landlord along with the petition. On the basis of the lease agreement and the subsequent renewal agreement, the Rent Control Court further found that the rate of rent was enhanced from Rs.700/- to Rs.750/- as per the renewal agreement dated 10.09.2009. The petitioner/landlord has consistently maintained that no rent has been paid from November 2009 onwards.

7. Although the respondent/tenant contended that no rent was in arrears, he failed to produce any documentary evidence whatsoever to substantiate his claim regarding the non-existence of arrears. It is well settled that a tenant cannot be permitted to evade a statutory liability by making a bald or blank denial in the counter statement or objection. Rent deeds and rent receipts are relevant materials for quantifying the amount of rent and determining the admitted arrears arising from the pleadings and admissions. A mere denial, therefore, cannot absolve the tenant of the liability to deposit the admitted arrears of rent.

8. In the present case, it was on a consideration of the pleadings of the parties and the documents produced that the Rent Control Court arrived at a finding regarding the existence of admitted arrears of rent and consequently issued a direction under Section 12 (1) to deposit the same.

9. The t

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top