IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 RCRev..No. 26 of 2008() ----------------------- RCA.8/2003 of ADDL. DISTRICT COURT, THALASSERY .................... : REVISION PETITIONERS ------------------------------------- 1. VALIYAPARAMBATH THACHOLI MATHU W/O.LATE CHAMBALAN VASU,AGED 63 YEARS, KUTHUPARAMBA AMSOM, NARAVOOR DESOM,KUTHUPARAMBA. 2. VIJAYAN,S/O.MATHU (DIED) 3. ANITHA,D/O. MATHU,AGED 35 YEARS, KUTHUPARAMBA AMSOM,NARAVOOR DESOM, KUTHUPARAMBA. 4. GEETHA,W/O.LATE MOHANAN, AGED 37 YEARS KUTHUPARAMBA AMSOM,NARAVOOR DESOM, 5. GREESHMA, D/O.MOHANAN, AGED 20 YEARS KUTHUPARAMBA AMSOM,NARAVOOR DESOM, 6. DHABISH,S/O.LATE MOHANAN,AGED 18 YEARS AGED 20 YEARS KUTHUPARAMBA AMSOM,NARAVOOR DESOM. 7. NIDHINA,D/O.LATE MOHANAN,AGED 16 YEARS MINOR REP. BYMOTHER AND GUARDIAN GEETHA KUTHUPARAMBA, NARAVOOR DESOM. 8. CHAMBALAN NAU, S/O.KALLIANI, AGED 65 YEARS, VALIYAPRAMBATH,POOKODE, TRIKKANNAPURAM, KUTHUPARAMBA. 9. CHAMBALON ROHINI,D/O.LATE KALLIYANI AGED 63 YEARS,CHIRAMMAL HOUSE, PARAL, KUTHUPARAMBA PO. 10. CHAMBALAN ACHUTHAN,S/O.LATE KALLYANI AGED 61 YEARS,BINDU NIVAS, ODANKICHAL, KUTHUPARAMBA, P.O.POOKODE. 11. CHAMBALON DEVOOTTY,D/O.LATE KALLAYANI AGED 56 YEARS,VELLARVALLY AMSOM,PERAVOOR. 12. CHAMBALON RAJAN, S/O.LATE KALLYANI AGED 54 YEARS, VALIYAPRAMBATH HOUSE, KUTHUPARAMBA AMSOM, THIRKKANNAPURAM. 13. CHAMBALAN KAMALA,D/O. LATE KALLYANI, AGED 51 YEARS, PREETHA NIVAS,KUTHUPARAMAB AMSOM NARAVOOR DESOM, KUTHUPARAMBA P.O. 14. EEKKILLISSERI SHYLAJA, D/O.LATE BALAN AGED 43 YEARS, KUNDANCHAL HOUSE, THRIKKANNAPURAM KUTHUPARAMBA. 15. PRASANNA P.P.,W/O.LATE VIJAYAN,AGED 42 YEARS, ODANKICHAL HOUSE P.O, VIA PATHAYAKUNNU THALASSERY. 16. PRAVEESH P.P. S/O.LATE VIJAYAN AGED 23 YEARS, ODANKICHAL HOUSE DO..DO... 17. PRAVIJA P.P.D/O..LATE VIJAYAN AGED 21 YEARS, ODANKICHAL HOUSE DO..DO.. (AMENDED VIDE ORDER IN I.A. 1528/2007 DATED 3.12.2007) BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS: RESPONDENT ----------------------- TENKUDI VASU,S/O,.KUNHIKANNAN (LATE) AGED 58 YEARS, SOUPARNIKA, KOTTAYAM AMSOM, DESOM, P.O. POOKODE. BY ADV. SRI.MILLU DANDAPANI FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA NO.218/08 IN RCR 26/08 DISMISSED 18/6/2008 SD/- P.R. RAMAN, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - R.C.R.No.26 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of June, 2008. O R D E R Ramachandran Nair, J. The tenant is the revision petitioner. The challenge is against the order passed by the Rent Control Appellate Authority in I.A.No.1118/2004 in I.A.N.444/2003 in R.C.A.No.8/2003. 2. The petition for eviction is filed by the landlord under Section 11 (2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short 'the Act'). Eviction was ordered on both grounds alleged, against which R.C.A.No.8/2003 is pending before the Appellate Authority. In I.A.No.444/2003 an order was passed on 8.9.2004 invoking Section 12(3) of the Act ordering eviction for non-payment of admitted arrears of rent. Thereafter, the tenant filed a review petition which was dismissed as per the impugned order. 3. The learned counsel for the petitioner submitted that the tenant had deposited the admitted arrears of rent and an affidavit was filed on 29.5.2003. It is submitted that the order of eviction under Section 11(2)(c) of the Act is under challenge in the appeal and therefore, that portion of the RCR 26/2008 -2- disputed rent cannot be considered for the purpose of Section 12(3) of the Act. After going through the pleadings, it is evident that the landlord filed the calculation statement by including the disputed rent also. Actually, in the Rent Control Petition, the arrears of rent is claimed from 1.7.1998 whereas, according to the tenant, the arrears are payable only from 1.3.1999. 4. In the light of the above position, the order of eviction passed under Section 12(3) of the Act cannot be sustained. Therefore, the present order passed in I.A.No.1118/2004 is set aside and in the light of the view taken by us, the order passed under Section 12(3) of the Act in I.A.No.444/2003also cannot be sustained. 5. Learned counsel for the petitioner submitted that the tenant had been depositing rent during different periods and actually, on adjustment it will be evident that there will be an excess payment already. Considering all aspects, as an interim measure we direct the petitioner to deposit a sum of Rs.1,500/- within 10 days, towards rent. This will be liable to be adjusted towards rent depending upon the final order to be passed in the appeal pending before the Appellate Authority. The Appellate Authority is directed to dispose of the appeal, R.C.A.No.8/2003 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this RCR 26/2008 -3- order. The revision petition is disposed of in the above terms. No costs. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/