IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 RCRev..No. 170 of 2007() RCA.74/2006 of THE RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM RCP.19/2005 of THE RENT CONTROL COURT,MUVATTUPUZHA .................... REVISION PETITIONER/APPELLANT/RESPONDENT: -------------------------------- T.N. SASI, S/O. NARAYANAN, THOTTAPPILLIL, SASI DRIVING SCHOOL, ANACHIRA BUILDING, KOTHAMANGALAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT: RESPONDENT/PETITIONER: -------------------- BIJI A. KURUVILLA @ BIJI KURUVILLA, S/O. KUKRUVILLA, ANACHIRAVEETTIL, KUROOR KARA, REPRESENTED BY ITS POWER OF ATTORNEY, VARGHESE V.MADAPARAMBIL ALIAS APPU, S/O. VARGHESE, MADAPARAMBIL HOUSE, MAZHUVANNOOR KARA. (DIED) ADDL. 2. SANTHA, W/O.T.N.SASI, THOTTAPPILLIL, SASI DRIVING SCHOOL, ANACHIRA BUILDING, KOTHAMANGALAM. '' 3. SARANYA, D/O.SANTHA, -DO- -DO- (ADDL. R2 AND R3 ARE IMPLEADED AS LEAGAL REPRESENTATIVES OF THE DECEASED REVISION PETITIONER AS PER ORDER DTD. 7/8/08 ON IA.1754/08) BY ADV. SRI.K.SURENDRA MOHAN FOR R1 THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.12294/2007 IN R.C.R.NO.170/2007 ------- Dismissed. Sd/- P.R.RAMAN, JUDGE. 22/8/2008 Sd/- T.R.RAMACHANDRAN NAIR, JUDGE. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- R.C.R.NO.170 OF 2007 -------------------------------- Dated this the 22nd day of August,2008 O R D E R Raman,J. Tenant is the revision petitioner. Landlord sought eviction of the tenant by filing a petition under Section of the Kerala Buildings (Lease and Rent Control) Act alleging that the tenant has committed default in payment of the rent and that he is in arrears from 17/7/2003. Though eviction was sought for under Section 11 (3) of the Act, which was eventually given up by the landlord. The Rent Control Court ordered eviction under Section 11(2) (b) of the Act, which was confirmed in appeal. The present revision is against the said order of eviction passed by the authorities below. The dispute was as to whether monthly rent of Rs.850/- as fixed is inclusive of electricity charges. It was contended by the tenant that the rent is inclusive of the electricity charges. The landlord contended that the rent of the building is fixed as Rs.850/- and the -2- R.C.R..No.170/2007 tenant has to pay the electricity charges for the electricity consumed by him. Normally, the user of the building is the tenant and he consumes electricity for his own purpose. In the absence of anything to show that the landlord has agreed to pay electricity charges, the electricity charges has to be paid by the tenant. Since the tenant contended that the rent fixed is inclusive of electricity charges, the burden is on him to prove the same. According to the tenant, thee was an oral understanding regarding the same, which however was not accepted by the Rent Control Court or by the Appellate Authority. In the above circumstances and in the absence of any materials placed on record, we are unable to accept the contention of the learned counsel appearing for the petitioner that the rent fixed in this case at Rs.850/- is inclusive of electricity charges. The order passed by the Rent Control Court and affirmed by the Appellate Authority cannot be said to be perverse or against the evidence in the case warranting interference in a revision under Section 20 of the Kerala Buildings (Lease and Rent Control) Act. -3- R.C.R..No.170/2007 We find there is no merit in this revision and accordingly, the same is dismissed. If the petitioner deposits the entire arrears of rent as on today less whatever deposited during the pendency of the proceedings including the revision pending before this Court, it will be open for him to move an application for vacating the order in terms of Section 11(2)(c). P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.