Section 10 in The Kerala Buildings (Lease and Rent control) Act, 1965
10. Right of tenant to deposit rent in certain cases.
(1)Where the address of the landlord or his authorised agent is not known to the tenant he may deposit the rent lawfully payable to the landlord in respect of building together with such fee as may be prescribed for the service of the notice referred to in sub-section (2) before such authority and in such manner as may be prescribed, as aforesaid, before the same authority and in the same manner until the address of the landlord or his authorised agent becomes known to the tenant.(2)The rent so deposited may, subject to such conditions as may be imposed by the Rent Control Court, be withdrawn by the landlord or his authorised agent, on application to the Court.(3)Where any bona fide doubt or dispute arises as to the person who is entitled to receive the rent for any building, the tenant may deposit such rent before such authority and in such manner as may be prescribed and shall report to the Rent Control Court the circumstances under which such deposit was made by him, and may continue to deposit any rent which may subsequently become due in respect of the building before the same authority and in the same manner until the doubt is removed or the dispute is settled by the decision of a competent court or by a settlement between the parties or until the Rent Control Court makes an order under CL (b) of sub-section (4) as the case may be.(4)(a)The Rent Control Court to whom a report is made under sub-section (3) shall, if satisfied that a bona fide doubt or dispute exists in the matter direct that pending removal of the doubt or settlement of the dispute as aforesaid, the deposit be held by the authority concerned.(b)If the Rent Control Court is not so satisfied, it shall forthwith order payment of the amount deposited to the landlord.(5)(a)Where the Rent Control Court passes an order under CL (a) of sub-section (4), any amount or amounts deposited under sub-section (3) may be withdrawn only by the person who is declared by a competent Court to be entitled thereto, or in case the doubt or dispute is removed by a settlement between the parties, only by the person who is held by the Rent Control Court to be entitled to amount or amounts in accordance with such settlement.(b)An order passed by the Rent Control Court under CL (b) of sub-section (4) shall not debar the aggrieved party from establishing his claim in any competent court.
