MOHAMMED KUNJU Vs. RAJAMMA

JUDGEMENT

(1.) Petitioners are tenants of a building which belongs to the contesting respondents. In a Rent Control Proceeding for eviction of the tenants, an order was passed by the Rent Control Court under S.12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') as a consequence of the tenants' failure to deposit the admitted arrears of rent. They filed an appeal and through another application, they prayed for stay of further proceedings. The Appellate Authority rejected the application on the ground that the appeal without deposit of the admitted arrears is not maintainable. The revision filed by the tenants was dismissed by the District Court and hence they have come to the High Court now with the present Original Petition under Art.227 of the Constitution.

(2.) The appeal was filed on 22-7-1987 which was within 30 days from the date of the order appealed against after excluding the time taken to obtain the certified copy of the order. But, no amount was deposited towards the admitted arrears of rent till 12-10-1987. The authorities under the Act took the view that there is no valid appeal.

(3.) S.18(1)(b) of the Act confers the right to file appeal against any order passed by the Rent Control Court. It reads thus: