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Judgment
14 paragraphs · 226 wordsP.V. Kunhikrishnan, J
Petitioner filed R.C.P No.35 of 2020 before the Rent Control Court, Thiruvananthapuram for eviction under Section 11(2)(b) and 11(3) of the
Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). Respondent herein is the tenant.
Thereafter the petitioner filed Ext.P2 application under Section 12 of the Act before the Rent Control Court for issuing appropriate directions to the
respondent to pay the admitted arrears of rent. The grievance of the petitioner in this original petition is that the Rent Control Court is not considering
Ext.P2 application.
After considering the nature of the relief sought in this petition, we are of the view that no notice needs to be issued to the respondent for disposing
of this case.
Admittedly, Exhibit P2 application is pending before the lower court. Rent control court is bound to pass orders in it in accordance with the law.
Considering the facts and circumstances of the case, a direction can be issued to the Rent Control Court to dispose of Ext.P2 application within one
month.
Therefore, this Original petition is allowed.
The Rent Control Court, Thiruvananthapuram, will dispose of I.A No.1 of 2020 in R.C.P No.35 of 2020 (Exhibit P2) as expeditiously as possible, at
any rate, within one month from the date of receipt of a copy of this judgment.