KOYAKKANARI SIVADASAN Vs. K. K. NIRMALA

JUDGEMENT

(1.) The respondent filed R.C.P.No.14 of 2019 before the Rent Control Court (Principal Munsiff-I), Kozhikode, seeking eviction of the petitioner-tenant under Sec. 11(2)(b), 11(3), 11(4)(ii) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965. On 30/9/2019 that petition was allowed ex-parte and eviction was ordered. The petitioner filed an appeal under Sec. 18(1)(b) of the Act challenging the said order before the Rent Control Appellate Authority (Additional District Judge-I), Kozhikode. In that appeal, R.C.A.No.163 of 2019, the respondent filed I.A.No.1 of 2020 under Sec. 12 of the Act. Rent since January 2018 has been said to be in arrears. An order under Sec. 12(1) of the Act was passed on 22/12/2020 directing the petitioner to pay within 5 weeks the entire admitted arrears of rent and to continue to pay the rent for the subsequent months within 3 weeks from the date on which it becomes due. Arrears of rent was not paid and eventually an order under Sec. 12(3) of the Act was passed on 30/1/2021. That order is under challenge in this revision petition filed under Sec. 20 of the Act.

(2.) On 22/3/2021, this revision petition was admitted and notice was issued to the respondent. Execution of the order of eviction was stayed for a period of three months.

(3.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.