M.K. Noorudeen vs. Mohammed Idries
Held
The High Court dismissed the tenant's revision, upholding the lower courts' finding on the rent payable. It ruled that the rent deed submitted by the tenant to the GST authority, coupled with other evidence, conclusively established the admitted arrears of rent, and the tenant's subsequent dispute was an attempt to evade liability.
Facts
A tenant challenged an order under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, disputing the monthly rent claimed by the landlord (Rs. 1,45,000/- vs. Rs. 5,000/-). The lower authorities determined the higher rent based on a rent deed submitted by the tenant to the GST authority, a dishonoured cheque, and the tenant's failure to reply to a quit notice.
Key Issues
Whether a rent deed submitted by the tenant to the GST authority can be considered as evidence for determining 'admitted arrears of rent' under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965, even if the tenant later disputes its execution.
Sections Cited
Section 12(3), Section 12(1)
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Dated this the 7th day of April, 2025 A.Muhamed Mustaque, J.
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