IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 17980 of 2010(V) -------------------------- RCA.6/2010 OF RENT CONTROL APPELLATE AUTHORITY, KOLLAM RCOP.5/2003 OF RENT CONTROL COURT, KOLLAM .................... PETITIONER(S): --------------- ANILKUMAR, S/O.NARAYANAN, 'UNNIS' MURUNTHAL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- SATHEESAN, S/O.PADMANABHAN, PADMAVILASAM, PRAKKULAM, KOLLAM DISTRICT. ADV. SRI.K.S.MANU (PUNUKKONNOOR) FOR R-1 SRI.P.SREEKUMAR FOR R-1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 17980 of 2010 ----------------------------------------------- Dated this the 17th day of June, 2010 J U D G M E N T Pius C.Kuriakose, J. The tenant has filed this writ petition under Article 227 seeking a direction that till such time as Ext.P5(a) appeal and Ext.P5(b) delay condonation petition filed by him against the eviction order passed against him by the Rent Control Court are considered a direction be given to the Execution Court not to evict him. Sri.K.S.Manu, learned counsel for the landlord opposes granting any relief to the petitioner by way of staying the ongoing execution proceedings. He submitted that it has been very clearly found by the statutory authorities that a sum of Rs.1,75,000/- is due from the petitioner as arrears of rent. According to him, if this court is inclined to grant any interim relief, the same has to be on condition that the above amount is paid. Sri.Johnson Gomez, learned counsel WP(C). 17980/10 -2- for the petitioner submitted that the petitioner is in impecunious circumstance. It was on account of his penury that he had to undergo incarceration in prison in connection with an offence under Section 138 of the Negotiable Instruments Act. The petitioner will not be able to afford payment of even a portion of the arrears of rent presently found to be due. Counsel submitted that the tenant has raised a contention of denial of landlord's title. It is likely that the above contention will be ultimately upheld. 2. Having considered the rival submissions addressed at the Bar we are of the view that granting relief sought for without imposing a condition regarding payment of atleast a portion of the rent which is apparently in arrears will be unjust. We therefore dispose of the writ petition issuing the following directions: The Rent Control Appellate Authority, Kollam is directed to take up Ext.P5(b) delay petition and dispose of WP(C). 17980/10 -3- the same in accordance with law at the earliest and at any rate, within six weeks of receiving copy of this judgment. There will be a further direction that on the basis of the decision taken on Ext.P5(b) the learned Appellate Authority will dispose of Ext.P5(a) appeal either on merits or by rejection. Considering the above directions the Principal Munsiff, Kollam who is presently in seizin on E.P. No. 278 of 2009 is directed not to effect delivery which is presently ordered for a period of six weeks subject to the following conditions: The writ petitioner pays a total amount of Rs.50,000/- (fifty thousand) without prejudice to his contentions, to the respondent towards the rent allegedly due in respect of the building. The above payment will be made in two instalments of Rs.25,000/- payable on 2nd July, 2010 and 31st July 2010. The learned Munsiff will call the EP on 3rd July 2010 and if it is revealed that the payment of the first WP(C). 17980/10 -4- instalment as ordered above is made, will adjourn the EP without issuing further orders to 1st August 2010. On that day it will be verified whether the second instalment is paid and if it is revealed that payment is made, the EP will be adjourned by a minimum period of six weeks from today. If it is revealed that either of the payments are not made the learned Munsiff will be justified in effecting delivery forthwith. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-