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Judgment
Sathish Ninan, J.
Petitioner is the tenant and respondents 1 and 2 are the landlords. Rent Control Proceeding was initiated by the landlords, for eviction. In the R.C.P, an order was passed against the tenant under Section 12 of the Kerala Buildings (Lease and Rent Control) Act.
Challenging the order, the petitioner preferred R.C.A.No.3 of 2024 before the Rent Control Appellate Authority. The Appellate Authority granted stay of the order on condition that the appellant deposits Rs.1,80,000/- within 45 days. However, but for depositing an amount of Rs.50,000/-, he failed to comply with the order in its entirety. Thereafter, he filed I.A.No.1 of 2024 on 08/04/2024 seeking extension of time by two months to comply with the order of deposit. The appellate court passed Ext.P7 order granting time till 12/04/2024 for depositing the amount. Dissatisfied thereby and having failed to comply with the condition, the appellant has approached this Court.
We have heard Sri.Jamsheed Hafiz, the learned counsel for the petitioner.
It is not in dispute that the rent is in arrears from January 2019. The monthly rent payable is Rs.15,000/-. Thus the arrears payable is a substantial amount. Section 12 mandates the tenant to deposit the admitted arrears of rent in order to enable him to contest the proceedings. The Appellate Court directed the petitioner to deposit an amount of Rs.1,80,000/- as a condition for stay of execution. The said amount is meagre when considering the total arrears. A period of 45 days was granted for compliance of the condition. Inspite of the same, the said direction was not complied with by the petitioner. On the application filed for extension of time, the Appellate Authority having due consideration to the entire facts, directed compliance on or before 12.04.2024. The petitioner failed to comply with the condition.
The order under Section 12(1) was passed on 06.07.2023. The order under Section 12(3) was passed on 25.07.2023. On 23.02.2024 the Appellate Authority ordered deposit of Rs.1,80,000/- only from out of the admitted arrears, to be made in 45 days. The time was extended till 12.04.2024. The condition is not complied. The order was passed on 09.04.2024. The order impugned does not suffer from any illegality. We find no reason to entertain the Original Petition.
The O.P.(RC) is dismissed.