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2026 Supreme(Online)(Ker) 957

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, HARISANKAR V. MENON, JJ
MURUKAN A. L – Appellant
Versus
SREEJA C. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.GEORGE ZACHARIAH ERUTHICKEL, SMT.ANGEL MARIYA BIJU
For the Respondents: SRI. M.P. MADHAVANKUTTY

Dated this the 09th day of January, 2026 V.G.ARUN, J.

The respondent has filed R.C.P. No.8 of 2024 before the Rent Control Court, Changanassery seeking eviction of the petitioner from the tenanted premises under Sections 11 (2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’). Pending the Rent Control Petition, the respondent/landlord moved an application under Section 12 of the Act with a prayer to direct the petitioner to pay/deposit the admitted arrears of rent. Therein, an order was passed by the Rent Control Court, directing the petitioner to clear the arrears of rent amounting to Rs.1,98,000/- and also to deposit the rent accrued subsequently. That order was challenged before this Court in an original petition (O.P.(RC) No.137 of 2025) and the same was disposed of with the following clarification: “We make it clear that the operative portion of the impugned order has to be clarified to the effect that if the tenant fails to clear the arrears as ordered, that by itself will not result in passing an order under (3) of the , a separate order under (3) of the Act will have to be passed by the Rent Control Court.”

Accordin

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