IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE JOHNSON JOHN TUESDAY, THE 20^TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947 RCREV. NO. 83 OF 2025 JUDGMENT DATED 09.01.2025 IN RCA NO.33 OF 2021 OF RENT CONTROL APPELLATE AUTHORITY/ADDITIONAL DISTRICT COURCOURT - IV, THALASSERY ORDER DATED 05.07.2019 IN RCP NO.126 OF 2018 OF ADDITIONAL MUNSIFF COURT, KANNUR REVISION PETITIONER/APPELLANT/RESPONDENT IN RCP:

KAITHAPRATH SIDDIQUE, AGED 51 YEARS, S/O UMMER, NEAR FATHIMA CHIKKEN STALL, NEERCHAL, KANNUR CITY.P.O, KANNUR, PIN – 670 003.

BY ADVS.

GANGA A.SANKAR KRISHNAPRIYA R.

SOORYA K. ANJU DONY RESPONDENTS/RESPONDENT/PETITIONER IN RCP:

1 MUHAMMED NIZAR, AGED 65 YEARS, S/O SAKEENA SABAH, COLONY GATE, AZHIKODE.P.O, KANNUR, PIN – 670 009.

2 ZAREENA.S., AGED 60 YEARS, D/O SAKEENA, RESIDING AT ALMAMZAR NALUVAYAL, KANNUR CITY, KANNUR, PIN – 670 003.

3 ZAHIDA.S., AGED 57 YEARS, D/O SAKEENA, RESIDING AT 'AZEEDA'

KUNNUKARA, KANNUR, PIN – 683 578.

4 ASEERA.S., AGED 54 YEARS, D/O SAKEENA, RESIDING ALUKBA, NEAR SANGEETHA THEATRE PAYYAMBALAM ROAD, KANNUR, PIN – 670 001.

5 NASEEMA.S., AGED 51 YEARS, D/O SAKEENA, RESIDING AT AL NAWAR, CHIRAKKALKULAM, KANNUR, PIN – 670 011.

6 SAMEER.S, S/O SAKEENA, RESIDING AT 'SAKEENAS' T.T ROAD, KANNUR, PIN – 670 002.

7 SABIR, S/O SAKEENA , RESIDING AT 'SAKEENAS' T.T. RAOD, KANNUR, PIN – 670 002 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 20.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ. ---------------------------------------------------------

R.C.Rev. No.83 of 2025 ---------------------------------------------------------

Dated this the 20th day of May, 2025

ORDER

JOHNSON JOHN, J This revision petition is filed by the tenant challenging the order of eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (‘the Act’ for short) by the Rent Control Court in I.A. No. 407 of 2019 in RCP No. 126 of 2018, which was confirmed by the appellate authority in R.C.A. No. 33 of 2021.

2. The learned counsel for the revision petitioner/tenant argued that the Rent Control Court has not granted a fair opportunity to the tenant for remitting the rent arrears and also to show sufficient cause for non-payment of the rent arrears.

3. Per contra, the learned counsel for the respondent/landlord argued that the Rent Control Court has duly complied with all these statutory mandates contemplated under Section 12 of the Act and there is no illegality or impropriety in the order.

4. The Rent Control Court passed the order under Section 12(1) of the Act on 26.03.2019 directing the tenant to pay arrears of rent at the rate of Rs.2,500/- per month from February 2018 onwards within four weeks from the date of order and thereafter, when the case was taken up on 28.06.2019, on finding that the tenant has not paid the admitted arrears of rent, Rent Control Court directed the tenant to show cause for non-payment of admitted arrears of rent and the case was posted to 05.07.2019. On 05.07.2019, there was no representation for the tenant and since the tenant failed to show cause for non-payment of the admitted arrears of rent, the Rent Control Court passed the order of eviction under Section 12(3) of the Act.

5. We find that the Rent Control Court passed the order under Sections 12(1) and 12(3) of the Act in accordance with the statutory mandates and there is no illegality or impropriety in the impugned orders of the Rent Control Court and the appellate authority warranting interference in revision.

In the result, the revision petition is dismissed.

sd/-

A.MUHAMED MUSTAQUE, JUDGE.

sd/-

JOHNSON JOHN, JUDGE.

Rv