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2018 DIGILAW 692 (KER)

Shaji S/o Mohhammed Ibrahim v. Sivasubramoni

2018-08-31

ANNIE JOHN, K.HARILAL

body2018
JUDGMENT : K. Harilal, J. The petitioner is the respondent in Rent Control Petition No.9 of 2015 on the files of the Additional Munsiff's Court (RCC), Thiruvananthapuram. The respondent is the petitioner, who filed the aforesaid Rent Control Petition, seeking an order of eviction under Section 11(3) and 11(4)(iv) of the Kerala Buildings(Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). During the pendency of the said rent control petition, the respondent filed a petition under Section 12 of the Act, seeking a direction to the petitioner herein, to deposit the arrears of rent and to continue to make payment of rent, without default. After considering the objection raised by the petitioner, the Rent Control Court passed the impugned order, directing the petitioner to deposit the arrears of rent from 01.02.2015, till the month of July, 2018 at the rate of Rs.8,500/- on or before 04.09.2018 and he shall continue to pay or deposit the monthly rent which may subsequently fell due with respect to the petition schedule building until the termination of the proceedings in the rent control petition. The legality and correctness of the aforesaid direction is challenged in this O.P.(RC). 2. Heard the learned counsel for the petitioner. 3. The landlord-tenant relationship is not disputed. Similarly, the rate of rent was also admitted. After considering the materials on record, the court below found that the rate of rent was Rs.8,500/-per month. Similarly, it was found that no rent was paid by the petitioner after 31.01.2015. Therefore, the Rent Control Court is justified in finding that the rent was in arrear from 31.01.2015. We do not find any reason to interfere with the aforesaid findings. 4. The learned counsel for the petitioner sought for six months time to pay the entire arrears of rent in installment. According to Section 12(2) of the Act, the deposit under sub section (1) shall be made within such time as the Court may fix and in such manner as may be prescribed and shall be accompanied by the fee prescribed for the service of notice referred to in sub-section (4) of the Act. According to Section 12(2) of the Act, the deposit under sub section (1) shall be made within such time as the Court may fix and in such manner as may be prescribed and shall be accompanied by the fee prescribed for the service of notice referred to in sub-section (4) of the Act. Provided that, the time fixed by the Court for the deposit of the arrears of rent shall not be less than four weeks from the date of the order and the time fixed for the deposit of rent which subsequently accrues shall not be less than two weeks from the date on. which the rent becomes due. 5. It is permissible to extend the period for depositing admitted arrears of rent, for a period, beyond one month stipulated in Section 12(2) of the Act. If so, how much time can be granted? On an analysis of the aforesaid provision, we find that the minimum time that shall be granted to the tenant to deposit all arrears of rent alone is prescribed and maximum time that can be granted to the tenant to deposit the arrears of rent is not expressly prescribed. But, according to Section 23 (1)(i) of the Act, provision in the C.P.C. which governs enlargement of time originally fixed or granted is applicable to the proceedings before the Rent Control Court and the Appellate Authority. If that be so, Section 148 of the Code of Civil Procedure, 1908(hereinafter referred to as 'the C.P.C.) will come into play. According to Section 148 of the C.P.C., where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period [not exceeding thirty days in total], even though the period originally fixed or granted may have expired. Therefore, the time granted to deposit the admitted arrears of rent can be extended for a further period not exceeding thirty days only. 6. In the above view, the time granted to deposit the 'admitted arrears of rent' in the impugned order will stand extended by one month from 04.09.2018. This O.P. (RC) is disposed of accordingly. All pending Interlocutory Applications will stand closed.