Kerala High Court
K U Shiraz vs A.Abdul Rahim on 21 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P.(RC) No. 118/2025 :1:
2025:KER:54176
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
OP (RC) NO. 118 OF 2025
AGAINST THE ORDER DATED 31.10.2023 IN R.C(OP) NO.1 OF 2022 OF
PRINCIPAL RENT CONTROL COURT, KOLLAM
PETITIONER/RESPONDENT:
K U SHIRAZ, AGED 53 YEARS, S/O HAMZA, NEHA LEATHER, P.K.V
BUILDING, MARKET ROAD, ERNAKULAM DISTRICT 682 011, RESIDING
AT NOORJAHAN, SHENOY ROAD, KALOOR P.O, KALOOR KARA,
ELAMKULAM VILLAGE, ERNAKULAM DISTRICT, PIN - 682 017
BY ADV SRI.M.R.SARIN
RESPONDENT/PETITIONER:
A.ABDUL RAHIM, S/O ABOOBACKERKUNJU, HASNA DALE NO. 128,
LEKSHMANA NAGAR, ASRAMAM, KOLLAM EAST VILLAGE, KOLLAM,
PIN - 691 008.
BY ADV SRI.K.R.SUNIL
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 21.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC) No. 118/2025 :2:
2025:KER:54176
A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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O.P. (RC) No. 118 of 2025
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Dated this the 21st day of July, 2025
JUDGMENT
Johnson John, J.
This Original Petition is filed by the tenant. The landlord filed E.P No. 62 of 2024 seeking eviction of the tenant by executing the order under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act' for short).
2. In E.P. No. 62 of 2024, the tenant filed objection contending that the delay in payment of rent was not wilful, but solely due to the unprecedented economic crisis caused by the covid-19 pandemic. But, without considering the objection, the execution court is proceeding with the execution and the same is under challenge.
3. Heard both sides.
4. It is well settled that once an order is passed under Section 12(3) of the Act, the tenant is not entitled to contest the petition for O.P.(RC) No. 118/2025 :3: 2025:KER:54176 eviction on depositing the arrears of rent. An order passed under Section 12(3) of the Act for failure to deposit the admitted arrears within the time stipulated cannot be set aside by subsequent payment. Therefore, we find no merit in this Original Petition.
In the result, this Original Petition is dismissed. However, the petitioner/tenant is granted four weeks' time from today to vacate the petition schedule room.
sd/-
A.MUHAMED MUSTAQUE, JUDGE.
sd/-
JOHNSON JOHN, JUDGE.
Rv O.P.(RC) No. 118/2025 :4: 2025:KER:54176 APPENDIX OF OP (RC) 118/2025 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE RC.OP NO 1/2022 FILED BY THE RESPONDENT HEREIN ON 02.01.2022 BEFORE THE HON'BLE PRINCIPAL RENT CONTROL COURT, KOLLAM. Exhibit P2 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN RC.OP NO 1/2022 BEFORE THE RENT CONTROL COURT, KOLLAM DATED 31.05.2023. Exhibit P3 THE TRUE COPY OF THE ORDER IN I.A 6/2023 IN RC.OP NO 1/2022 IN THE COURT OF PRINCIPAL RENT CONTROL, KOLLAM DATED 19.08.2023.
ExhibitP 4 THE TRUE COPY OF THE ORDER IN RC.OP 1/2022 IN THE COURT OF PRINCIPAL RENT CONTROL COURT, KOLLAM DATED 31.10.2023.
Exhibit P5 THE TRUE COPY OF THE E.P NO 62/2024 IN RC. OP NO 1/2022 IN THE COURT OF PRINCIPAL RENT CONTROL, KOLLAM DATED 01.06.2024.
Exhibit P6 THE TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN E.P 62/2024 IN RC.OP NO 1/2022 OF PRINCIPLE RENT CONTROL COURT, KOLLAM DATED 21.05.2025. Exhibit P7 THE TRUE COPY OF THE E COURT PROCEEDINGS E.P 62/2024 IN RC.OP NO 1/2022 OF PRINCIPAL RENT CONTROL COURT, KOLLAM.
Exhibit P8 THE TRUE COPY OF STATEMENT OF ACCOUNT REGARDING TRANSACTION BETWEEN THE PETITIONER AND RESPONDENT.
Exhibit P9 THE TRUE COPY OF THE R.P. NO.81/2025 IN RC.OP NO 1/2022 FILED BY THE PETITIONER BEFORE THE HON'BLE PRINCIPAL RENT CONTROL COURT, KOLLAM FILED ON 04.06.2025.
Exhibit P10 THE TRUE COPY OF THE IANO 1 /2025 IN RC.OP NO 1/2022 BEFORE THE HON'BLE PRINCIPAL RENT CONTROL COURT, KOLLAM FILED ON 04.06.2025 RESPONDENTS' EXHIBITS: NIL /True Copy/ P. S to Judge.
rv