K.T.Sankaran, J.
The petitioner challenges the order dated 29th November, 2014 in I.A.No.5531 of 2014 in R.C.A.No.89 of 2014, on the file of the Rent Control Appellate Authority, Ernakulam, by which the Appellate Authority dismissed the application for stay filed by the petitioner/tenant.
2. R.C.P.No.61 of 2013 was filed by the respondent/landlord against the petitioner/tenant under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court passed an order dated 4.6.2014 under Section 12(3) of the Act, stopping all further proceedings consequent on the failure of the tenant to pay the admitted arrears of rent. That order was challenged by the tenant in R.C.A.No.89 of 2014 on the file of the Rent Control Appellate Authority, Ernakulam. The tenant filed I.A.No.5531 of 2014 in that appeal to grant stay. As stated above, the stay petition was dismissed by the Appellate Authority, which is under challenge in this R.C.R.
3. The lease is of the year 2008. The building is situated in Vazhakkala near Kakkanadu in Ernakulam. It is stated that the carpet area of the building is around 1000 sq.ft. and the monthly rent payable is only ₹10,000/-. Even the arrears of rent at that rate was not deposited by the tenant in spite of providing an opportunity to him to pay the same. That resulted in the order dated 4.6.2014 passed by the Rent Control Court under Section 12(3) of the Act.
4. The learned counsel for the petitioner submitted that the arrears of rent will come to ₹2,80,000/- inclusive of the rent for the month of December, 2014 and the tenant is prepared to pay the amount to the learned counsel appearing for the landlord today itself. The amount was offered and it was accepted by the learned counsel for the appellant subject to the condition that the rent from January, 2015 may be enhanced.
5. After having heard the learned counsel for the parties, taking into account the location of the building and the carpet area of the building, we are of the view that the rent can be fixed at the rate of ₹15,000/- per month from 1.1.2015, subject to any order that may be passed by the Rent Control Court on an application to fix the fair rent. Since the tenant had paid the entire arrears of rent and also agreed to pay monthly rent at the rate of ₹15,000/- from 1.1.2015, we are of the view that the order passed by the court below can be set aside and the Rent Control Petition itself can be dismissed on the basis of the present order.
6. Accordingly, the tenant having paid the entire arrears of rent and having agreed to pay enhanced rent at the rate of ₹15,000/- per month from 1.1.2015, full satisfaction is recorded in R.C.P.No.61 of 2013 on the file of the Rent Control Court, Ernakulam. The order impugned in this revision is also set aside. It is made clear that the order fixing the rent tentatively at ₹15,000/- per month will be subject to any order that may be passed by the Rent Control Court on a proper application to fix the fair rent filed by either of the parties. The learned counsel appearing for the respondent/landlord submitted that in R.C.P.No.59 of 2009 on the file of the Rent Control Court, Ernakulam, an order was passed against the petitioner/tenant for eviction under Sections 11(2)(b) and 11(3) of the Act and the disposal of this revision should not stand in the way of the landlord to proceed with the execution in that case. The learned counsel appearing for the tenant submitted that an appeal is being filed against that order. It is made clear that disposal of this revision would not affect the rights and liabilities of the parties in R.C.P.No.59 of 2009.
7. It is submitted by the learned counsel for the petitioner/tenant that in execution of the present order in R.C.P.No.61 of 2013, the Amin locked the petition schedule building and the key was deposited in court. Since we have disposed of R.C.P.No.61 of 2013, after recording full satisfaction, the key of the building shall be returned to the petitioner/tenant forthwith by the executing court on production of a certified copy of this order.
The Rent Control Revision is disposed of as above.
K.T.SANKARAN JUDGE csl P.D.RAJAN JUDGE