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2026 Supreme(Online)(Ker) 17687

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
KUNIYIL SHIVAKUMAR – Appellant
Versus
KEEREERAKATH MOHAMED ASHRAF – Respondent
RCREV. NO. 16 OF 2026|RCRev..11/2026|RCA NO.56 OF 2025|RCA NO.55 OF 2025|RCP NO.231 OF 2023|RCP NO.229 OF 2023



Advocates:
For the Appellants/Petitioners: SMT.GAYATHRI KRISHNAN, SHRI.VINAY JOHN.A.J, SHEBIN K MATHEWS
For the Respondents: SHRI.T.P.SAJID, SRI.K.P.MOHAMED SHAFI, SMT.SHIFA LATHEEF, SHRI.MUHAMMED HAROON A.N., SMT.SREESHMA B. CHANDRAN, SHRI.HASHARURAHIMAN U., SHRI.MOHEMED FAVAS

Court affirms dismissal of petitions due to non-payment of rent under Kerala Buildings Act.

Headnote:The petition concerns the non-payment of admitted rental arrears, attracting Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Court dismissed the petitions as no amounts had been paid despite multiple opportunities being provided. Key findings were made referencing a prior decision. The petition for reconsideration was therefore denied.

Table of Content
1. court hears arguments from both sides. (Para 1)
2. non-payment of rent implications discussed. (Para 2)

Heard Ms. Gayathri Krishnan, learned counsel for the petitioner and Mr. T. P. Sajid, learned counsel for the respondent.

2. Although sufficient opportunity was granted to the respondent to deposit the balance admitted arrears of rent, initially by order dated 20.01.2026 and subsequently by order dated 24.02.2026, no amount has been paid till date which substantially attracts the implication of Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , as noticed in the impugned judgment, relying upon the decision in Shaji M. v. SNDP Sakha Yogam No. 610, Alappuzha and Another 1

3. The petitions are accordingly dismissed.

Sd/-

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