K.T.Sankaran, J.
The respondent/landlord filed R.C.P.No.2 of 2011, on the file of the Rent Control Court, Thiruvananthapuram, against the petitioner/tenant under Sections 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act. The landlord filed an application under Section 12 of the Rent Control Act, directing the tenant to deposit the admitted arrears of rent. The Rent Control Court passed a final order in the application closing the proceedings since the tenant failed to deposit the admitted arrears of rent. The tenant filed an application to review the order passed by the Rent Control Court. The Review Petition was dismissed. The tenant filed R.C.A.Nos.16 of 2013 and 11 of 2014 against the order passed by the Rent Control Court and the order in the Review Petition passed by the Rent Control Court. The tenant also filed stay petition in the aforesaid appeals. It is stated that the stay petitions have not been disposed of.
2. Meanwhile, E.P.No.234 of 2014 was filed by the landlord to execute the order passed by the Rent Control Court and delivery was ordered by the executing court. At that juncture, this O.P.(R.C.) is filed by the tenant to stay the proceedings for delivery in execution till the stay petitions are considered by the Appellate Authority.
3. The learned counsel appearing for the respondent/landlord submitted that the total arrears of rent will come to ₹2,76,000/- as on 11.12.2014. According to the petitioner/tenant, the tenant had made several payments which were not accounted by the landlord. In the objection filed by the tenant in I.A.No.2785 of 2012 on 14.8.2012, it is stated by the tenant that the total arrears of rent till 5.1.2010, the date of issue of lawyer notice, was only ₹1,08,400/-. The tenant also states that he had sent money order for a total sum of ₹36,300/-.
In the facts and circumstances, there will be a direction to the Rent Control Appellate Authority, Thiruvananthapuram, to dispose of the stay petitions filed by the appellant in R.C.A.Nos.16 of 2013 and 11 of 2014 as expeditiously as possible on condition that the petitioner/tenant pays a sum of Rupees One lakh to the landlord by depositing the same before the executing court on or before 7.1.2015. If the tenant fails to deposit the aforesaid amount, delivery of the petition schedule building shall be effected forthwith. If the tenant complies with the above directions, the execution proceedings shall be kept in abeyance till the Appellate Authority takes a decision in the stay petitions.
The O.P.(R.C.) is disposed of as above.
K.T.SANKARAN JUDGE csl P.D.RAJAN JUDGE