K.T.Sankaran, J.
An order of eviction was passed against the petitioner/tenant under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). That order was confirmed in Appeal and also in Revision before the High Court. While disposing of the Revision by the High Court on 28.2.2011, six months' time was granted to the revision petitioner/tenant to get the order of eviction under Section 11(2)(b) vacated. That time was further extended.
2. The tenant applied before the Rent Control Court under Section 11(2)(c) of the Act and deposited the arrears of rent, which, according to her, was due. The landlord disputed the quantum of arrears of rent. According to the landlord, some more amount was due. The Rent Control Court accepted the contention put forward by the landlord and dismissed the application under Section 11(2)(c) of the Act. The Rent Control Court held that the arrears of rent till date would be `32,310/-. This amount was arrived at taking into account the rent payable up to the date of passing the order under Section 11(2)(c) of the Act. The order passed by the Rent Control Court under Section 11(2)(c) was confirmed by the Appellate Authority in R.C.A.No.15 of 2012, which is under challenge in this Revision.
3. It is not disputed that notice claiming arrears of rent preceding the filing of the Rent Control Petition was issued in October, 2003. To get an order of eviction under Section 11 (2)(b) vacated under Section 11(2)(c), the tenant need deposit only the arrears of rent up to the date of notice. Though the Rent Control Court has got power to direct admitted arrears of rent to be deposited exercising its jurisdiction under Section 12(1), that would apply only during the pendency of the proceedings. Once a final order is passed under Section 11(2)(b) of the Act, in order to get that order vacated under Section 11(2)(c), the tenant need to deposit only the arrears of rent till the notice period. It is not in dispute that the tenant has already paid the arrears of rent till the notice period. Therefore, the Rent Control Court was bound to allow the application under Section 11(2)(c) and to vacate the order of eviction passed under Section 11(2)(b) of the Act. There is patent illegality in the order passed by the Rent Control Court and the judgment of the Appellate Authority, going by the decisions of the Supreme Court as well as this Court on the point.
For the aforesaid reasons, the Rent Control Revision is allowed and the order of the Rent Control Court and the judgment of the Appellate Authority are set aside. I.A.No.2948 of 2011 in R.C.P.No.40 of 2004 filed by the tenant under Section 11(2)(c) of the Act is allowed.
(K.T.SANKARAN) Judge (A.MUHAMED MUSTAQUE) Judge ahz/