K.T.Sankaran, J.
In the manner in which we propose to dispose of the O.P. (R.C.), we do not think it is necessary to issue notice to the respondent.
2. The petitioner filed R.C.P.No.27 of 2004 against the respondent for fixation of fair rent. The question of fixation of fair rent was considered by the Rent Control Authorities and finally, it was disposed of by the Supreme Court in favour of the landlord. Time was granted to comply with the direction to pay the arrears of rent on the basis of enhancement of fair rent.
However, the tenant did not comply with the same. Since the rent was enhanced, the landlord filed R.C.P.No.2 of 2011 on the file of the Rent Control Court, Wadakkanchery, against the tenant under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act for eviction. In R.C.P.No.2 of 2011, the landlord filed an application under Section 12 of the Rent Control Act. On failure of the tenant to deposit the admitted arrears of rent, the Rent Control Court passed an order under Section 12(3) of the Rent Control Act.
3. It is stated that the tenant preferred R.C.A.Nos.82 of 2013, 85 of 2013 and 87 of 2013 against various proceedings of the Rent Control Court in R.C.P.No.2 of 2011 and those appeals are pending before the Appellate Authority. It is stated that RC.P.No.82 of 2013 is pending before the III Additional District Judge, Thrissur. It is stated that R.C.A.No.87 of 2013 was filed before the I Additional District Court, Thrissur and it was transferred to the III Additional District Court, Thrissur as per the order in T.O.P.No.667 of 2014. It is also stated that R.C.P.No.85 of 2013 was pending before the IVth Additional District Judge, Thrissur and as per the order in T.O.P.No.666 of 2013, that appeal was transferred to the III Additional District Court, Thrissur. Now all the three appeals are pending before the Appellate Authority, the III Additional District Judge, Thrissur.
4. The reliefs prayed for in the O.P.(R.C.) is to issue a direction to the III Additional District Court, Thrissur (Rent Control Appellate Authority) to dispose of the aforesaid appeals within a time frame to be fixed by this Court.
5. In paragraph 6 of the statement of facts in the O.P. (R.C.), it is stated as follows :
“Petitioner herein is an 80 year old retired Soldier from the Indian Army depending mainly on the pension and the meagre rent received from the scheduled building. In spite of culmination of the enhancement proceedings, the respondent has not cared to pay the arrears of rent in accordance with the terms settled as per Exhibits P1 and P2 judgment and order. As on December, 2014, nearly an amount of ₹4,00,000/- is due from the respondent to the petitioner. The subject matter of the case is being protracted by the respondent by filing appeals after appeals and dragging the petitioner who is very old and a person who has served the nation by drawing a salary of ₹140/- at the time of his retirement. It is apposite that, it is only just and necessary that, a quietus is to be given to the proceedings so as to protect the interest of the petitioner who has succeeded the rent enhancement litigation fighting up to the Honourable Supreme Court. Whereas, the respondent is a person working abroad and minting lakhs and lakhs of rupees and has also purchased huge properties nearby to the scheduled building in the name of his wife and immediate relatives with the malafide intention of continuing his tenancy in the building for a meagre rent.”
6. In the facts and circumstances, there will be a direction to the Rent Control Appellate Authority, Thrissur (III Additional District Court, Thrissur) to dispose of R.C.A.Nos.82 of 2013, 87 of 2013 (which was transferred from the I Additional District Court, Thrissur) and 85 of 2013 (which was transferred from IVth Additional District Court, Thrissur) as expeditiously as possible, after affording an opportunity of being heard to both parties. The petitioner shall produce a certified copy of this judgment before the Rent Control Appellate Authority on or before 5th January, 2015 and a true copy of the same shall be served on the learned counsel appearing for the respondent/tenant and proof of the same shall be produced before the Rent Control Appellate Authority.
The O.P.(R.C.) is disposed of as above.
K.T.SANKARAN JUDGE csl P.D.RAJAN JUDGE