Case Note & Summary
The case involves two shops in Kochi, Kerala, taken on monthly rent by the respondent-tenant from the appellants-landlords. The landlords alleged that the tenant had not paid rent for one shop since February 2020 and for the other since January 2020. In 2020, the landlords filed eviction petitions under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 before the Rent Control Court, Ernakulam. A recovery suit for arrears was also filed and decreed for ₹26,44,614/-. The tenant challenged the money decree in appeal, but no stay was in force. Relying on the money decree, the landlords filed applications under Section 12(1) of the Act for eviction on the ground of non-payment of arrears. The Rent Control Court allowed the applications and passed eviction orders under Section 12(3). The tenant appealed to the Rent Control Appellate Authority, which stayed the eviction orders on condition of depositing arrears. The tenant failed to comply, and the stay was vacated. However, the Appellate Authority later dismissed the landlords' applications for eviction, holding that the landlords should have filed fresh applications under Section 12(1) during the appeal. The landlords challenged this in the High Court, which dismissed their revision. The Supreme Court allowed the appeal, holding that the Appellate Authority had the power to pass an order under Section 12(3) without a fresh application, as the appeal is a continuation of the original proceedings. The Court set aside the orders of the Appellate Authority and the High Court and restored the eviction orders of the Rent Control Court.
Headnote
A) Rent Control - Eviction for Non-Payment of Rent - Section 12 Kerala Buildings (Lease and Rent Control) Act, 1965 - Procedure During Appeal - The issue was whether landlords, during pendency of appeal under Section 18 challenging an eviction order under Section 12(3), must file a fresh application under Section 12(1) to seek eviction. The Court held that the Rent Control Appellate Court has power to pass an order under Section 12(3) even without a fresh application under Section 12(1), as the appeal is a continuation of the original proceedings and the purpose of Section 12 is to ensure payment of rent during litigation. (Paras 2, 10-15)
Issue of Consideration
Whether landlords, during pendency of appeal under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 challenging an eviction order under Section 12(3), must again follow Section 12 procedure by filing a fresh application under Section 12(1).
Final Decision
The Supreme Court allowed the appeals, set aside the orders of the Rent Control Appellate Authority and the High Court, and restored the eviction orders passed by the Rent Control Court under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Law Points
- Interpretation of statutes
- Rent control laws
- Eviction for non-payment of rent
- Section 12 Kerala Buildings (Lease and Rent Control) Act 1965
- Procedure during appeal
Case Details
2025 LawText (SC) (11) 401
Civil Appeal Nos.13901-13902 of 2025 (Arising out of SLP(C) Nos.22696-22697 of 2025)
RAJESH BINDAL J. , MANMOHAN J.
2025 INSC 1340, 2025 (3) PLR 36, 2026 (1) RCR(Rent) 1, 2026 AIRCC 33, 2025 AIR OnLine SC 1093, 2025 SCC OnLine SC 2519
Mr. V. Chitambaresh, learned senior counsel for the Appellants, Mr. P.B. Krishnan, learned senior counsel for Respondent
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Nature of Litigation
Civil appeals against orders of the High Court of Kerala dismissing revision petitions challenging the Rent Control Appellate Authority's order which dismissed landlords' applications for eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Remedy Sought
The appellants-landlords sought eviction of the respondent-tenant from two shops on the ground of non-payment of rent.
Filing Reason
The tenant failed to pay rent for the shops since February 2020 and January 2020 respectively.
Previous Decisions
The Rent Control Court allowed eviction under Section 12(3). The Rent Control Appellate Authority initially stayed eviction on condition of deposit, but later dismissed the eviction applications holding that fresh Section 12(1) applications were required during appeal. The High Court dismissed the landlords' revision.
Issues
Whether during the pendency of an appeal under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 challenging an eviction order under Section 12(3), the landlord must file a fresh application under Section 12(1) to seek eviction.
Submissions/Arguments
Appellants-landlords argued that the appeal is a continuation of the original proceedings and the Appellate Authority has power to pass an order under Section 12(3) without a fresh application.
Respondent-tenant argued that the procedure under Section 12 must be followed afresh at every stage.
Ratio Decidendi
The Rent Control Appellate Authority, while hearing an appeal under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 against an eviction order under Section 12(3), has the power to pass an order under Section 12(3) without requiring the landlord to file a fresh application under Section 12(1), as the appeal is a continuation of the original proceedings and the purpose of Section 12 is to ensure payment of rent during the pendency of eviction proceedings.
Judgment Excerpts
At the surface level, the issue that arises for consideration in the present Appeals is whether the Appellants-landlords during the pendency of the Appeals under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965, challenging an eviction order passed under Section 12(3) of the Act, 1965 has to once again follow the procedure under Section 12 of the Act, 1965 by filing an application under Section 12(1) of the Act, 1965.
Procedural History
Landlords filed eviction petitions under Section 11(2)(b) in 2020. Rent Control Court allowed eviction under Section 12(3). Tenant appealed to Rent Control Appellate Authority under Section 18. Appellate Authority initially stayed eviction on condition of deposit, but later dismissed eviction applications. Landlords filed revision before High Court, which dismissed. Landlords then appealed to Supreme Court by special leave.
Acts & Sections
- Kerala Buildings (Lease and Rent Control) Act, 1965: Section 11, Section 12, Section 18, Section 12 (1), Section 12 (3), Section 11 (2)(B), Section 18
- Tripura Building (Lease and Rent Control) Act: Section 13, Section 20
- Code of Civil Procedure O.12 R.6: Order 12 Rule 6, Order 7 Rule 11
