Ismail Assainr vs C. Sabira

K.T. Sankaran, J.—The revision petitioner is the respondent in R.C.P No.31/2012 on the file of the Rent Control Court, Hosdurg. The Rent Control Petition was filed by the respondent under Sections 11(2)(b) and 11(3) of the Rent Control Act.

On 24.6.013, the Rent Control Court passed an order directing the tenant to deposit the admitted arrears of rent within 30 days. The tenant failed to comply with that order. Therefore, on 2.8.2013, the landlord filed I.A.No.1696/2013 u/s 12(3) of the Kerala Building (Lease and Rent Control) Act. Thereafter, on 12.8.2013, the tenant filed I.A.No.1751/2013 for extension of time to make the deposit of arrears of rent. The Rent Control Court dismissed I.A.No.1751/2013 by order dated 2.9.2013. On the same day, the Rent Control Court allowed I.A.No.1696/2013 and directed the tenant to put the landlord in possession of the building.

Though the tenant challenged the order of the Rent Control Court in appeal before the Appellate Authority, Kasaragod, the Rent Control Appeal was dismissed in limine, confirming the order passed by the Rent Control Court. The tenant has come up in revision.

The learned counsel for the revision petitioner/tenant submitted that the tenant is prepared to deposit the entire arrears of rent, interest and costs within the time stipulated by this Court. It is also submitted that to show the bonafides, the tenant is prepared to deposit monthly rent upto and inclusive of rent for June, 2014 within such time as this Court directs.

Heard the learned counsel for the respondent as well.

We are of the view that an opportunity should be given to the tenant to deposit the arrears of rent, interest and costs and also the rent payable upto June 2014, to enable him to contest the case on the merits.

Accordingly, the Rent Control Revision is disposed of as follows:

i) The tenant shall deposit before the Rent Control Court, on or before 18.3.2014, the entire arrears of rent, interest and costs.

ii) The revision petitioner/tenant shall deposit before the Rent Control Court on or before 18.3.2014 the monthly rent upto and inclusive of the rent for June 2014.

iii) If the aforesaid deposits are made, the landlord would be entitled to withdraw the same.

iv) If the tenant complies with the conditions mentioned above, the order passed by the Rent Control Court in I.A.No.1696/2013 shall stand set aside.

v) If the tenant fails to comply with any of the above conditions, this Rent Control Revision shall be treated as dismissed.

vi) In the event of the tenant complying with the above conditions, the Rent Control Court shall dispose of the Rent Control Petition expeditiously.