Judgment
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, UDAYAMPEROOR , PIN - 682037 4 K.J.GEORGE, AGED 45 YEARS S/O.LATE K.J.JOHN, PARTNER GRAND ENTERPRISES, RESIDING AT KOTTOOR HOUSE, UDAYAMPEROOR, PIN - 682037 5 K.J.JOSEPH, AGED 47 YEARS S/O.LATE K.J.JOHN, PARTNER GRAND ENTERPRISES,
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RESIDING AT KOTTOOR HOUSE, UDAYAMPEROOR, PIN - 682037 6 JOSEPH FRANCY, AGED 39 YEARS S/O.K.J.FRANCIS,PARTNER GRAND ENTERPRISES, RESIDING AT KOTTOOR HOUSE, UDAYAMPEROOR, PIN - 682037 7 GEORGE FRANCY, AGED 36 YEARS S/O.K.J.FRANCIS, PARTNER GRAND ENTERPRISES, RESIDING AT KOTTOOR HOUSE, UDAYAMPEROOR, PIN - 682037 BY ADVS.
NIKHIL BERNY N.SUNIL(K/1251/2000) THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 17.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT A.MUHAMED MUSTAQUE,J.
This original petition is at the instance of the appellant in R.C.A.No.4/2022 before the Rent Control Appellate Authority, Ernakulam. The petitioner herein is aggrieved by an order of eviction passed by the Rent Controller under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short), filed an appeal. In that appeal, the landlord has filed an application under Section 12(1) of the Act, for a direction to the tenant to deposit the entire arrears of rent. The landlord claimed the rent @ Rs.41,300/- (Rs.35,000 + GST) per month. In the counter affidavit filed by the tenant, there was no dispute raised with respect to the rate of rent. The Appellate Authority ordered payment of arrears of rent up to July 2022 within four weeks. This order is under challenge before this
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Court invoking Article 227 of the Constitution of India.
2. According to the petitioner, she had invested more than Rs.15,00,000/- as deposit, and therefore, the landlord is liable to adjust the rent arrears due to them from the amount invested by the tenant.
3. The tenant, in order to contest the appeal, is bound to deposit the admitted arrears. Section 12(1) of the Act mandates the tenant to discharge the entire admitted arrears to contest the appeal. The tenant cannot claim any set off for his liability to discharge the admitted arrears of rent. We find that there is no error or irregularity committed by the Rent Control Appellate Authority.
4. Taking into consideration the facts and circumstances of the case, we are of the view that the tenant can be given four weeks time from today to clear the entire arrears of rent.
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The original petition is dismissed accordingly. No costs.
Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- MURALI PURUSHOTHAMAN JUDGE SB/18/10/2022
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APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER IN I.A.NO.8003/2018 IN O.S.NO.1209/2018 DATED 7.11.2018 OF THE RENT CONTROL COURT Exhibit P2 TRUE COPY OF THE ORDER IN RCP NO. 218/2018 DATED 18/12/2021 OF THE RENT CONTROL COURT Exhibit P3 TRUE COPY OF THE IA 2/2022 IN RCA 4/2022 Exhibit P4 THE TRUE COPY OF THE REPLY AFFIDAVIT DATED 31ST MAY 2022 AGAINST THE IA NO.2/2022 FILED BY THE PETITIONER Exhibit P5 THE TRUE COPY OF THE ORDER DATED 22/07/2022 IN IA NO.2/2022 IN RCA 4/2022