Rent Decreed By Civil Court Is Liable To Be Included While Computing Admitted Arrears Under Rent Control Proceedings: Kerala High Court

The Kerala High Court recently held that the arrears of rent decreed by a civil court, is liable to be included while computing the admitted arrears of rent under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

A Division Bench consisting of Justice P B Suresh Kumar and Justice Sophy Thomas observed that the object of Section 12 of the Act was to make sure that the tenant does not avail of the pendency of the petition for eviction for evading regular payment of rent which, even by the tenant’s own admission, is due to the landlord.

In the matter at hand, the Rent Control Appellate Authority had directed the tenant to put the landlord in possession of the tenanted premises under Section 12(3) of the Act after the tenant failed to comply with the direction to deposit arrears of rent, that was fixed based on rent arrears previously admitted by the tenant in a civil suit between the same parties.

“In a case where the tenant himself clearly admitted the rate of rent, and a decree was passed accepting the rent admitted by the tenant, then the tenant cannot turn round and say that the decretal amount cannot be termed as admitted arrears of rent.”

The court noted that in the written statement filed by the tenant in the previous civil suit between the parties, the tenant categorically admitted to the rent being Rs.2,500/- per month. Thereafter the decree in the civil suit was never challenged by the tenant in an appeal. Hence, the admitted rent in the civil suit cannot be disputed by the tenant at a later stage.

The landlord had approached the Rent Control Court for eviction of the tenant from his premises. The tenant was directed to surrender vacant possession of the tenanted premises within a month. Thereafter the Rent Control Appellate Authority stayed the execution of the proceedings on an appeal filed by the tenant. In the appeal, the landlord filed an interlocutory application under Section 12(1) of the Act, for direction to the tenant to deposit arrears of rent. The said application was allowed and the tenant was directed to deposit the admitted arrears of rent @ Rs.2,500/- per month for a period of 7 years and to continue payment of admitted rent till the disposal of the appeal. This rent arrear was previously admitted by the tenant in a civil suit filed by the landlord for recovery of rent.

Since tenant failed to comply with the direction to deposit arrears of rent, Appellate Authority stopped further proceedings and directed to put the landlord in possession of the tenanted premises under Section 12(3) of the Act.

The order of the appellate authority was challenged by the tenant before the High Court on the ground that the decree of a civil court cannot be executed through rent control proceedings. The counsel for the tenant averred that the arrears of rent decreed by the civil court, cannot be treated as admitted arrears of rent envisaged under Section 12(1) of the Act. However, the court was of the opinion that admitted rent arrears need not be in the rent control proceedings itself, for Section 12 to apply:

“Section 12 proceedings under the Act can be invoked against the tenant, only when the arrears of rent is admitted. The admission regarding the rent of the tenanted premises may be direct or indirect, express or implied, and it need not necessarily be an admission in the rent control proceedings itself.”

The court also referred to the ruling of the Bombay High Court in D. S. Mohite vs. S. I. Mohite (AIR 1960 Bombay 153], which held that an admission by a party in his pleadings in a prior suit is an admission within the meaning of Section 17 of the Indian Evidence Act, 1872, and may be proved against him in other litigations.

“The object of Section 12(1) of the Act is to deny the defaulting tenant the right to contest the application for eviction before the Rent Control Court, or to prefer an appeal under Section 18 of the Act against any order made by the Rent Control Court on an application made by a landlord under Section 11, unless he pays to the landlord, or deposits with the Rent Control Court or the Appellate Authority, as the case may be, all arrears of rent admitted by him to be due in respect of the building, up to the date of payment or deposit, and continues to pay or to deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the Appellate Authority, as the case may be”

The court in the matter finding no illegality, irregularity or impropriety in order of the Rent Control Appellate Authority, ordered the tenant to put the landlord in possession of the tenanted premises under Section 12(3) of the Act and refused to set it aside.

Counsel for the Petitioner: Advocate Shibin K.F

Counsel for the Respondent: Advocate Jithin Babu A

Case Title: Gireesh V Antony

Citation: 2023 LiveLaw (Ker) 92

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