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Appealability of Orders Before Finality - Section 18 of the Rent Control Act Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965, provides the mechanism for filing appeals against certain orders passed by the Rent Control Court. It states that any person aggrieved by an order passed by the Rent Control Court may prefer an appeal within 30 days from the date of such order ["N. M. Basil, S/o. Michael VS Regional Sports Centre, Represented by its Honorary Secretary S. A. S Navaz, S/o. S. A. Shakkoor - Kerala"]. Importantly, the scope of appealability under Section 18 extends to various orders, including interim and final orders, but not all orders are automatically appealable. The courts have clarified that only specific orders, such as those under Sections 11, 12, or 12(3), are subject to appeal, and the appeal can be preferred even before the finality of the order is reached. For instance, it was held that an order passed by the Rent Control Court, summarily rejecting an application under S.11(3) of the Act, is capable of being challenged in an appeal under S.18(1)(b) ["N. M. Basil, S/o. Michael VS Regional Sports Centre, Represented by its Honorary Secretary S. A. S Navaz, S/o. S. A. Shakkoor - Kerala"]. Moreover, the law recognizes that appeals can be preferred against interim orders, such as deposit orders or eviction orders, before the final adjudication. The Supreme Court has also opined that the object of Section 18 is to provide a right to challenge orders that affect the rights or liabilities of the parties ["M. S. Hameed VS Kanniammal - Madras"].Analysis and Conclusion: An appeal can indeed be preferred before finality is reached in the Rent Control Court proceedings, provided the order falls within the scope of Section 18. The law permits challenging interim orders, and the right to appeal is not restricted solely to final orders. Therefore, even when the finality of the order has not yet arrived, parties can invoke Section 18 to prefer an appeal against eligible orders ["N. M. Basil, S/o. Michael VS Regional Sports Centre, Represented by its Honorary Secretary S. A. S Navaz, S/o. S. A. Shakkoor - Kerala"] ["Zeenath Ibrahim, W/o. Late N.A Ibrahimkutty vs Joy Daniel, S/o. Daniel - Kerala"].
Main Points and Insights
The object of Section 18 is to enable aggrieved parties to contest orders affecting their rights, regardless of finality ["M. S. Hameed VS Kanniammal - Madras"].
References ["N. M. Basil, S/o. Michael VS Regional Sports Centre, Represented by its Honorary Secretary S. A. S Navaz, S/o. S. A. Shakkoor - Kerala"], ["Zeenath Ibrahim, W/o. Late N.A Ibrahimkutty vs Joy Daniel, S/o. Daniel - Kerala"], ["M. S. Hameed VS Kanniammal - Madras"]
In the realm of tenancy disputes, timing is everything. Landlords and tenants often face the question: whether an appeal can be preferred when finality not arrived yet from the rent control court, especially in light of Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (Rent Control Act). This issue arises frequently when parties receive interim or procedural orders and wonder if they can immediately challenge them on appeal.
This blog post breaks down the legal framework, judicial interpretations, and practical insights to help you understand appealability under Section 18. While this provides general guidance, it is not legal advice—consult a qualified lawyer for your specific situation.
Section 18(1)(b) of the Rent Control Act allows any person aggrieved by an order passed by the Rent Control Court to prefer an appeal within 30 days to the appellate authority. However, the phrase any order is not as broad as it seems. Courts have consistently interpreted it to cover only those orders that attain finality or substantially impact the rights or liabilities of the parties Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
Section 18(1)(b) expressly states that any person aggrieved by an order passed by the Rent Control Court may, within thirty days from the date of such order, prefer an appeal in writing to the appellate authority having jurisdiction Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
In essence, procedural or preliminary orders do not qualify. Finality means the order either terminates the proceedings or decisively determines substantive rights, such as eviction or possession.
Under Section 18, appeals are restricted to orders that:- Affect the rights or liabilities of the parties.- Terminate or substantially impact the proceedings Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
Key points include:- Final orders: Those disposing of the main issue, like eviction under Section 11.- Substantive impact: Orders that effectively end the dispute or alter core rights.- Not appealable: Purely procedural decisions, such as dismissing interlocutory applications or summary rejections without resolving the merits Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
The Supreme Court in Gopalan v. Aboobacker emphasized: only orders affecting rights or liabilities, or which put an end to proceedings, are appealable, and interlocutory or procedural orders are usually not included Rai Brij Raj Krishna VS S. K. Shaw - 1951 0 Supreme(SC) 8.
Interlocutory orders—those regulating procedure without concluding the matter—are generally non-appealable. Examples include:- Summoning witnesses or discovery orders.- Fixing hearing dates.- Dismissing applications to set aside ex parte orders on technical grounds Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
Orders that are procedural in nature, such as dismissals of interlocutory applications or summary rejection of petitions, are generally not appealable unless they have a decisive impact on the substantive rights or on the finality of the proceeding Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
In contrast, a final order under Section 18 is one that either disposes of the main issue or substantially affects the rights of the parties, and not an order that merely regulates the procedure or is preliminary in nature Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
Courts have refined this distinction through landmark rulings:- Gopalan v. Aboobacker: Clarified that the scope of Section 18 is limited to final or rights-affecting orders. Purely procedural ones fall outside Rai Brij Raj Krishna VS S. K. Shaw - 1951 0 Supreme(SC) 8.- Central Bank of India v. Gokal Chand: Reinforced that only orders terminating proceedings or affecting rights/liabilities qualify Rai Brij Raj Krishna VS S. K. Shaw - 1951 0 Supreme(SC) 8.
These precedents underscore that appeals are not a tool for challenging every setback during litigation.
Related judgments highlight practical applications, particularly around Section 12 orders (deposit of rent arrears) and their interplay with Section 18.
For instance, orders directing tenants to deposit arrears under Section 12 are typically not appealable under Section 18. In one case, an order directing tenants to deposit arrears of rent under Section 12 is not appealable under Section 18 PUTHIYA NADAMMAL P.M. ABDUL KHADAR vs V.P. HAMZA - 2023 Supreme(Online)(KER) 24057. This aligns with the finality requirement, as such directives are interim measures.
Another ruling clarified: Section 12 (1) provides such an obligation only in the case of an application under Section 11 or in the case of an appeal preferred under Section 18 against an order passed by the Rent Control Court on an application under Section 11 Joy Daniel VS N. A. Ibrahimkutty S/o. Njarakkattil, Adimakunju Haji, Kuriachira Desom, Chiyyaram Village - 2020 Supreme(Ker) 218. Appeals against Section 12(3) orders do not automatically trigger Section 12(1) applications, limiting appeal scope JOY DANIEL vs N.A.IBRAHIMKUTTY - 2020 Supreme(Online)(KER) 45956.
In City Co-operative Hospital (overruled in part), courts debated Section 12(1) maintainability in Section 12(3) appeals, but affirmed that procedural obligations do not expand appeal rights beyond final orders Zeenath Ibrahim VS Joy Daniel - 2024 Supreme(Ker) 1183. Similarly, fair rent fixation under Section 5 does not invoke Section 12 in appeals, as it's not eviction-related V. M. Abdulla Koya S/o Usman VS Thoppil Imbichaminabi D/o K. V. Mamukoya Haji - 2021 Supreme(Ker) 590.
These cases illustrate how non-final orders, even if adverse, remain outside Section 18 unless they foreclose substantive rights.
While rare, exceptions exist:- If an interlocutory order effectively ends proceedings or deprives a substantive right (e.g., denying contestation).- Orders foreclosing the main dispute, like those stopping proceedings without merits hearing.
If an interlocutory order has the effect of effectively ending the proceedings or depriving a party of a substantive right, it may be considered appealable Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
However, standard procedural dismissals, such as under Section 12(3) for non-deposit, are not appealable unless final PUTHIYA NADAMMAL P.M. ABDUL KHADAR vs V.P. HAMZA - 2023 Supreme(Online)(KER) 24057.
Parties should carefully analyze whether the order in question effectively disposes of the main dispute or substantially affects substantive rights before filing an appeal under Section 18 Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
In summary, an appeal under Section 18 can only be preferred against orders attaining finality or substantially affecting rights/liabilities. Procedural or interlocutory orders do not qualify, preventing piecemeal appeals and promoting efficiency Nalinakhya Bysack VS Shyam Sunder Haldar - 1953 0 Supreme(SC) 11.
Key Takeaways:- Finality is crucial—check if the order ends the case or alters core rights.- Rely on precedents like Gopalan v. Aboobacker for guidance Rai Brij Raj Krishna VS S. K. Shaw - 1951 0 Supreme(SC) 8.- Explore revisions or writs for interim setbacks.
This framework ensures disputes resolve swiftly. For tailored advice, engage a legal expert familiar with Kerala rent laws.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Laws and interpretations may vary by case.
#RentControlAct, #Section18Appeal, #TenantRights
The issue that arises for consideration is whether the impugned interim order is appealable under section 18 of the Act. Section 18 of the Act reads as follows : 18. Appeal. ... The rent control petition was filed seeking eviction of the tenant under Section 11(4)(i) and 11(17) of the Kerala Buildings (Lease and Rent Control) Act#HL_E....
Section 12 (1) of the Rent Control Act in an appeal filed by the tenant against an order passed by the Rent Control Court in exercise of its power under Section 12 (3) of the Rent Control Act. ... In particular, we are called upon to give an authoritative pronouncement on the question – whether an application under Section 12 (1) of the #HL_STA....
Hospital that it is not permissible to invoke Section 12(1) of the Rent Control Act in an appeal preferred against an order passed under Section 12(3) is not good law and liable to be overruled. ... It was declared that the Rent Control Act does not cast an obligation on the tenant to pay the admitted arrears of rent while pursuing an #HL_START....
Whether under Section 5(1) of the Act or under the third proviso to Section 11(4)(iv), the Rent Control Court is competent to fix fair rent. ... Challenging the order dated 15.10.2013 of the Rent Control Court in R.C.P.No.53 of 2010, the legal representatives of the original tenant filed R.C.A.No.43 of 2014, before the Rent Control Appellate Authority, invoking ....
This Court did not go into the question as to whether the finding of the Rent Control Court that there is arrears of rent is correct. ... 11(3) of the Act, neither the Rent Control Court nor the Appellate Authority which considered the appeal preferred against the order of eviction at the first instance, has accepted the same. ... In the matter of accepting the ....
Maintainability - Rent Control - Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 12(1), 12(3), Section 18 - The ... Appeal under Section 18 lies against certain other orders passed by the Rent Control Court as well. ... Section 18 against an order passed by the Rent Control Court on an application under Section 11. ... It was cont....
18 against an order passed by the Rent Control Court on an application under Section 11. ... (1) provides such an obligation only in the case of an application under Section 11 or in the case of an appeal preferred under Section ... Appeal under Section 18 lies against certain other orders passed by the Rent Control Court as well. ... It was contended that the wordings in Section 12 (1), “an appeal under ....
Gokal Chand, the Supreme Court had occasion to construe Section 38(1) of the Delhi Rent Control Act (LIX of 1958) which reads thus: ... An appeal shall lie from every order of the Controller made under this Act to the Rent Control Tribunal (hereinafter referred to as the Tribunal) consisting ... The Tribunal held that no appeal lay under Section 38(1) of the Delhi Rent ....
The object of Section 12(1) of the Act is to deny the defaulting tenant the right to contest the application for eviction before the Rent Control Court, or to prefer an appeal under Section 18 of the Act against any order made by the Rent Control Court on an application made by a landlord under Section ... admits any arrears of rent to be due t....
18. ... 18, making subsequent proceedings challenging that order non-maintainable. ... 18, 20 - The court confirmed that an order directing tenants to deposit arrears of rent under Section 12 is not appealable under Section ... and Section 18 of the Act does not permit the tenant to challenge such an order in an appeal under Section 18 of the Act. ... On the said application, the Rent#HL....
18. Thereafter, the Hon’ble Supreme Court again considered the question of the applicability of Section 29(2) to the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965. Section 18 of the Kerala Lease Control Act prescribed a period of 30 days for filing an appeal against an order of Rent Control Court. The said 30 days to be computed, from the date of order of Rent Control Court. The Hon’ble Supreme Court going through the provisions of Section 18 of the Kerala Act, had held that the said provision merely stipulated a period of limitation without going in....
As already held hereinbefore at paragraph 9, the provisions under Section 12 of the Act have no application in a Rent Control Petition filed by the landlord, before the Rent Control Court, under Section 5 of the Act for fixation of fair rent or in an appeal preferred under Section 18 of the Act, against the order of the Rent Control Court on such an application filed for fixation of fair rent. No. 193 of 2012 fixing fair rent under Section 5, and as such the Appellate Authority ought to have dismissed I.A. No. 1 of 2020 in R.C.A. No. 85 of 2019, as not maintainable. Therefo....
Vijay Lakshmi Amma, 2011 (1) KLT 9, rendered by another Division Bench. The court found that for all practical purposes the carbon copy issued to the tenant in this case on the basis of an oral request followed by an application submitted immediately after the order was passed by the Rent Control Court for the specific purpose of preferring an appeal is as good as any other certified copy on the basis of which the appeal could have been preferred. In that case the party had filed an appeal on the basis of the carbon copy issued to him under Rule 239(3) of the Civil Rules of Practice, based o....
The order thus passed under Section 11(1) is an order appealable under Section 18 as held by this Court in Kallianikutty Amma Vs. Velayudhan (1975 KLT 600). Though the payment of the admitted arrears of deposit thereof need not be simultaneously with the filing of the appeal as held by this Court in Pochappan Narayanan Vs. Gopalan [1990(2) KLT 1], however the right to contest such appeal is certainly subjected to rider of payment of the admitted arrears of rent. Even as per Section 12(1), an appeal preferred under Section 18 against any order made by the Rent Control Court on the a....
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