HARIHARA IYER Vs. FIRST ADDITIONAL DISTRICT JUDGES COURT TRIVANDRUM
LAWS(KER)-1968-11-15
HIGH COURT OF KERALA
Decided on November 21,1968

HARIHARA IYER Appellant
VERSUS
FIRST ADDITIONAL DISTRICT JUDGES COURT, TRIVANDRUM Respondents

JUDGEMENT

- (1.) These two original petitions have been preferred by the same person and arise out of a proceeding instituted by him under the Travancore - Cochin Buildings Lease and Rent Control Order, 1950 before the Rent Controller, Trivandrum for eviction of the 4th respondent who was the tenant in occupation of a building belonging to the petitioner situated within the Trivandrum City limits.
(2.) Ext. P2 is a copy of the petition dated 23-5-1957 filed by the petitioner under R.9 Clause.2 of the Travancore - Cochin Buildings (Lease and Rent Control) Order, 1950 praying for an order of eviction of the 4th respondent on the ground of defaults in paying rent. This proceeding was ultimately numbered as B. R. C. 304 of 1957 and by the order Ext. P3 dated the 20th January, 1959, the Rent Control Court allowed the petition and directed the tenant to put the landlord in possession of the building forthwith. Four days before the above order was passed, namely on 16-1-1959, the Kerala Buildings (Lease and Rent Control) Ordinance Ordinance 3 of 1959 had come into force.
(3.) On 4-2-1959 the tenant filed a petition in the Additional Munsiff's Court, Trivandrum (the Additional Munsiff was exercising the functions of the Rent Controller) praying for the grant of three months' time under S.11(2)(b) of Ordinance 3 of 1959 for paying the arrears of rent. There was also a further prayer that on deposit of such arrears within the time to be allowed by the court the court should be pleased to vacate the order of eviction dated 20-1-1959. This application was opposed by the landlord on the ground inter alia that the Rent Controller had no jurisdiction to make any order granting time for payment of arrears of rent in as much as final orders for eviction of the tenant had already been passed as per Ext. P3 where under the tenant had been ordered to surrender possession forthwith without any time being fixed or granted for payment of arrears of rent. It was urged that in the face of this direction to surrender possession of the building forthwith, there being no period fixed in Ext. P3 for payment of arrears no question at all could arise of any "extension" of time fixed in the prior order.;


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