IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 RCRev..No. 191 of 2009(D) ------------------------ RCA.1/2004 of ADDL.SESSN.COURT (ADHOC-II)KASARAGOD RCP.24/2001 of RENT CONTROL COURT, HOSDURG .................... PETITIONER/APPELLANT (TENANT) ------------------------------------------------- ARUVAPPATTIL KUNHAMBU, S/O.PADINJARE VEETTIL KUNHAMBU, CLOTH MERCHANT, RAJAH ROAD, NILESHWAR, HOSDRUG TALUK, HOSDRUG VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT: RESPONDENT (LANDLORD) ------------------------------------ P.SREEDHARAN, S/O.K.V.RAMAN VAIDYAR, RETIRED DISTRICT EDUCATION OFFICER, P.O.NILESHWAR, HOSDRUG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ R.C.R. NO: 191 OF 2009-D ----------------------------------------------------------------------------------- Dated this the 15th December, 2009. O R D E R SURENDRA MOHAN, J. This is a tenant's revision challenging orders of eviction passed by the Rent Control Court and confirmed by the Appellate Authority. 2. The landlord filed the Rent Control Petition seeking eviction under Section 11(3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the 'Act' for short. The Rent Control Court ordered eviction on both the grounds. The tenant challenged the order of eviction before the Rent Control Appellate Authority, Kasaragod in RCA 1/2004. During the pendency of the appeal the landlord filed a petition under Section 12 alleging that there were arrears of rent to the tune of Rs.16,200/-. Thereupon, the Court passed an order directing the tenant to deposit the arrears of rent on or before 21.3.2009. However, it is contended that in the meanwhile the daughter of the tenant fell sick and was hospitalised. Therefore, the deposit could not be made within the time stipulated by the RCR 191/2009 2 order of the Appellate Authority. However, it is admitted that the entire amount was paid on 28.3.2009 and an affidavit was filed before the Appellate Court. But, without noticing the payment or the affidavit the appeal was dismissed on 8.4.2009 finding that the deposit of rent as stipulated by the order of the Court had not been made by the tenant. The said order is under challenge in this revision. 3. We have heard the counsel for the revision petitioner as well as the respondent. 4. It is the admitted case that the entire amount due as arrears of rent was paid on 28.3.2009 and that an affidavit was filed before the Appellate Court to the said effect. Inasmuch as the order under revision was passed without noticing the above payment and the affidavit, the judgment under revision is unsustainable. It is clear from the judgment that the Court has proceeded on the assumption that no arrears of rent was paid and that no reason was shown for such non-payment. Therefore, the assumption underlying the judgment of the Appellate Authority being wrong, the dismissal of the appeal also is wrong and is liable to be set aside. 5. In view of the above, the Rent Control Revision is allowed. RCR 191/2009 3 The judgment of the Appellate Authority, Kasaragode dated 8.4.2009 in RCA 1/2004 is set aside. The appeal is remitted back to the Appellate Authority for fresh consideration and disposal on the merits. In view of the long pendency of the appeal, the Appellate Authority is directed to give precedence to the appeal and to dispose of the same expeditiously, at any rate, within a period of three months from the date on which the parties enter appearance in the appeal. The parties are directed to appear before the Rent Control Appellate Authority, Kasaragode on 15.1.2010. The Rent Control Petition is allowed as above. No order as to costs. PIUS C.KURIAKOSE Judge K. SURENDRA MOHAN Judge jj PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: