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 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.

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