IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8073 of 2009(D)
1. C.CHANDRAN,S/O.SUKUMARAN,AGED 48 YEARS,
... Petitioner
Vs
1. SARASWATHY AMMA,THEKKEKKARA PUTHEN VEEDU
... Respondent
For Petitioner :SRI.D.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :18/03/2009
O R D E R
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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W.P(C)No. 8073 OF 2009
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Dated this the 18th day of March, 2009
JUDGMENT
Pius.C.Kuriakose, J.
Smt.M.Hemalatha enters appearance on behalf of the respondent.
We have heard Sri.D.Sajeev, learned counsel for the petitioner and
Smt.M.Hemalatha. Under challenge is Ext.P3 order of the rent control
appellate authority. Ext.P3 is passed in I.A.No.238/2009, a petition
which was filed by the landlady/respondent invoking Section 12 of Act
2 of 1965 for a direction to the revision petitioner to deposit the entire
arrears of rent together with interest from the dates of respective
default.
2. The ground prominently raised in the writ petition is that
the appellate authority was not correct in directing payment of interest
also since Section 12 does not mandate payment of interest. The
ground appears to be fairly strong in view of the language of Section
12. However, we do not propose to decide the issue whether in a
proceeding under Section 12, the tenant is liable to pay interest also, in
this writ petition. This writ petition according to us can be disposed of
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considering the interest of both sides issuing the following orders :
The petitioner is directed to pay a sum of Rs. 1,15,000/- ( rupees
one lakh fifteen thousand only) which is admittedly due from him
towards arrears of rent on or before before 03/04/2009. The appellate
authority will advance the hearing of the rent control appeal to
04/04/2009 and if on that day, it is revealed that the petitioner has made
the deposit as directed above, the appellate authority will ensure that
the rent control appeal is heard and disposed of on merits within three
weeks of the court re-opening after mid-summer recess. If on the
contrary, it is revealed on 04/04/2009 that payment as directed above
has not been remitted by the revision petitioner, the impugned order
will continue to operate and the rent control appellate authority shall
pass orders consequential to Ext.P3 immediately i.e. before the court
closes for mid-summer.
PIUS.C.KURIAKOSE
JUDGE
C.K.ABDUL REHIM
JUDGE
sv.
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