S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court
The Kerala High Court has clarified that a tenant cannot contest an eviction application filed by the landlord under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 unless the admitted arrears of rent are cleared.A two-judge bench of Justice PB Suresh Kumar and Justice Johnson John said the tenant has to pay or deposit with the Rent Control Court or the appellate...
The Kerala High Court has clarified that a tenant cannot contest an eviction application filed by the landlord under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 unless the admitted arrears of rent are cleared.
A two-judge bench of Justice PB Suresh Kumar and Justice Johnson John said the tenant has to pay or deposit with the Rent Control Court or the appellate authority, as the case may be, all arrears of rent admitted by the tenant to be due in respect of the building up to the date of payment or deposit.
It added that as per Section 12 of the Act, the tenant shall continue to pay or to deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the appellate authority, as the case may be.
"As per Section 12 of the Act, the tenant is entitled to contest the petition only if he deposits the arrears of rent and if he fails to do so, he has no right to contest the petition. There is nothing in Section 12(1) of the Act to show that filing of objection or counter statement by the tenant is a prerequisite to entertain an application under Section 12 of the Act..." the order stated.
The petitioners in this case are tenants who suffered an order of eviction under Section 12(3) and were evicted on 16.10.2023. The petitioners filed an appeal against this order which was dismissed by the appellate court.
The bench remarked that the proceedings of the Rent Control Court clearly show that the tenants entered appearance on 29.10.2021 and order under Section 12(1) of the Act for depositing arrears of rent was passed on 30.07.2022. Thereafter, several adjournments were granted for compliance before an order under Section 12(3) was passed on 30.09.2022.
Additionally, the court referred to the decision in Shaji M v. SNDP Sakhayogam, where the court stated that it was not necessary for the Rent Control Court or the appellate authority to issue any separate notice to the tenant to enable him to show sufficient cause for not depositing the admitted arrears of rent.
As such, the court dismissed the revision petition.
Counsel for Petitioner: Advocates R Surendran and KS Frijo
Counsel for Respondent: Advocates Basil Mathew, Ninan John, Ajay Krishnan S, Sanjana Sara Varghese Annie K, Arya AR, Rosemaria Johnson, Anjitha Jobi
Citation: 2024 LiveLaw Ker (7)
Case Title: Thazheveettil Naushan and ors. v. Elizabeth Regive
Case Number: RCREV No. 260 of 2023