Sheeba Rani vs. M/S. Grand Enterprises Rep. By Partner Sri.K.J.George
Held
The High Court upheld the Appellate Authority's order, stating that a tenant cannot claim set-off for admitted rent arrears under Section 12(1) of the Act to contest an appeal. The Court found no error or irregularity in the direction to clear the arrears and granted the tenant four weeks to comply.
Facts
A tenant, appealing an eviction order, was directed by the Rent Control Appellate Authority to deposit admitted rent arrears, including GST, under Section 12(1) of the Kerala Building (Lease and Rent Control) Act, 1965. The tenant sought to set off these arrears against a deposit of Rs.15,00,000/-, which was rejected by the Appellate Authority.
Key Issues
Can a tenant claim set-off for a deposit against admitted rent arrears, including GST, when directed to deposit such arrears under Section 12(1) of the Kerala Building (Lease and Rent Control) Act, 1965, to contest an appeal?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 17TH DAY OF OCTOBER 2022 / 25TH ASWINA, 1944 OP (RC) NO. 177 OF 2022 AGAINST THE ORDER DATED 22.07.2022 IN I.A.NO.2/2022 IN RCA NO.4/2022 IN RCP 218/2018 OF THE RENT CONTROL COURT,ERNAKULAM PETITIONER/RESPONDENT/APPELLANT/TENANT: SHEEBA RANI, AGED 50 YEARS W/O.LATE K.RAJAN, RESIDING AT FLAT NO.1A, TANZEEL PARK, CHITTOOR ROAD, PACHALAM, KOCHI -, PIN - 682012 BY ADV SIVAN MADATHIL RESPONDENT/PETITIONERS/RESPONDENTS/LANDLORDS: 1 M/S.GRAND ENTERPRISES, GRAND HOTEL, M.G.ROAD,ERNAKULAM,ERNAKULAM VILLAGE, KANAYANNOOR TALUK,ERNAKULAM,PIN-682 035 A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT WITH REG.NO.767/1964, REP. BY PARTNER SRI.K.J.GEORGE S/O.LATE K.J.JOHN, AGED 45 YEARS, RESIDING AT KOTTOOR HOUSE,UDAYAMPEROOR, PIN - 682307 2 K.J.FRANCIS, AGED 70 YEARS S/O.LATE K.J.JOSEPH, PARTNER GRAND ENTERPRISES, RESIDING AT KOTTOOR HOUSE,UDAYAMPEROOR , PIN - 682307 3 RITA JOHN, AGED 70 YEARS W/O.LATE K.J.JOHN, PARTNER GRAND ENTERPRISES, RESIDING AT KOTTOOR HOUSE, UDAYAM
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