IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 RCRev..No. 37 of 2010() ----------------------- RCA.4/2010 of VI ADDL.DISTRICT COURT, ERNAKULAM RCP.35/2008 of III ADDL.M.C.EKM (RENT CONTROL) (IA.4150/09) .................... REVISION PETITIONER/APPELLANT/RESPONDENT: ------------------------------------------------------ M.ABDUL JABBAR,S/O.E.K.AHAMED, HOTEL PARK ROYALE,OPP.COCHIN HOSPITAL, PALLIMUKKU,M.G.ROAD,KOCHI. BY ADV. MR. A.MOHAMED MUSTAQUE MR. T.PRAVEEN RESPONDENT(S): RESPONDENTS/PETITIONERS: ----------------------------------------------------- 1. MOHAMED AMEEN,AGED 33 YEARS, S/O.SULAIMAN ABOOBACKER SAIT,JUWAIRIA,DOOR NO.40/ 9087,OPP YMCA,CHITTOOR ROAD,ERNAKULAM-35,REP;BY HIS P/A HOLDER AND FATHER MR.SULAIMAN ABOOBACKER SAIT,S/O.LATE ABOOBACKER ABDULLA SAIT,R/A JUWARIA, DOOR NO.40/9087,OPP.YMCA,CHITTOOR ROAD,ERNAKULAM. 2. MOHAMMED ELYAS,31 YRS,S/O.SULAIMAN ABOOBACKER SAIT, JUWAIRIA,DOOR NO.4/9087,OPP.YMCA, CHITTOOR ROAD, ERNAKULAM-35,REPRESENTED BY HIS P/A, HOLDER AND FATHER MR.SULAIMAN ABOOBACKER SAIT, S/O.LATE ABOOBACKER ABDULLA SAIT, R/A JUWAIRIA, DOOR NO.40/9087, OPP.YMCA, CHITTOOR ROAD, ERNAKULAM. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 02/02/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- R.C.R. No.37 of 2010 ---------------------------------- Dated this the 2nd day of February, 2010 O R D E R -------------- Pius C.Kuriakose,J. Under challenge in this revision petition filed under Section 20 of the Kerala Building (Lease and Rent Control) Act, 1965 by the tenant is the judgment of the Rent Control Appellate Authority dismissing an order passed by the local Rent Control Court under Section 12(1) of the Act. The Rent Control Court passed the order in I.A.No.4150/2009. It was an application filed under Section 12 by the landlord on the allegation that the tenant has not paid or deposited the arrears of rent which fell due admittedly and also the rent which fell due subsequently. According to the Rent Control Court, the tenant in the statement of objections filed by him to the Rent Control Petition has admitted that rent is in arrears at the rate of Rs.20,000/- per mensum from October 2008. According to the court, in the teeth of such an admission the tenant is not entitled to avoid payment of rent. The above view of the RCR.37/2010 2 Rent Control Court was virtually endorsed by the Appellate Authority by its judgment. 2. In this revision under Section 20 various grounds have been raised and Sri.Mohamed Mustaque, counsel for the revision petitioner would address us on the basis of those grounds. Mr. Mustaque submitted that the contentions of the revision petitioner is that at the time of taking the building on lease he had deposited a substantial amount with the landlord and that the rent which fell into arrears has been adjusted by the tenant against a substantial amount which the tenant had paid to the landlord at the time of entrustment. 3. Eventhough Mr. Mohamed Mustaque was very persuasive, we are not inclined to examine merits of the various grounds raised in the revision. We notice that the order passed by the Rent Control Court, which was confirmed by the Appellate Authority, is not a final order under Section 12(3). The above order is only an order under Section 12(1) directing the tenant to pay the arrears. The consequence of non compliance with the above order in the absence of the revision petitioner not showing sufficient cause to the contrary will be a summary order under Section RCR.37/2010 3 12(3) and that summary order will be appealable under Section 18. It is doubtful whether the order which was impugned before the Rent Control Appellate Authority was appealable since it was only interlocutory in nature and did not affect the rights/liabilities of the parties. We dismiss the Rent Control Revision. However we make it clear that it will be open to the revision petitioner to urge all the grounds in this revision before the Appellate Authority, in the appeal which the revision petitioner may have to file against the final order to be passed by the Rent Control Court on I.A. 4150/2009. Mr. Mohamed Mustaque would submit before us that the petitioner is prepared to deposit the admitted arrears of rent within one month from today before the Rent Control Court. We record the above submission of the learned counsel. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb