Sankaran, J. RCR No. 229 of 2014 is filed by the tenants while RCR No. 281 of 2014 is filed by the landlords in respect of the petition schedule building involved in RCP No. 16 of 2010 on the file of the Rent Control Court (Munsiff), Hosdurg.
2. The RCP was filed under Secs.11(2) (b), 11(3) and 11(4) (ii) of the Kerala Buildings (Lease and Rent Control) Act, (hereinafter referred to as “the Rent Control Act”). The Rent Control Court allowed the R.C.P. under Section 11(2)(b) and dismissed the RCP on the other grounds. Against the order of the Rent Control Court, RCA No. 26 of 2011 was filed by the tenant while RCA No. 28/2011 was filed by the landlord, challenging the respective findings against them.
3. The Rent Control Appellate Authority dismissed the appeal filed by the landlord and allowed the appeal filed by the tenant. Thus, the RCP was dismissed on all the grounds, by judgment passed by the Rent Control Appellate Authority, Kasaragod. The landlord filed RCR 304 of 2012 challenging the judgment of the Appellate Authority. The Revisional Court confirmed the order of the Appellate Authority under Sec. 11(3) and 11(4) (ii) of the Rent Control Act. However, the Revisional Court set aside the judgment of the Appellate Authority in respect of the ground under Sec. 11(2) (b) and remanded the case to the Rent Control Court. The Rent Control Court was directed to fix the rate of rent and deal with the application accordingly. After remand, the Rent Control Court fixed the rate of monthly rent at Rs. 6,000/-. However, the Rent Control Court did not grant an order of eviction taking the view that the security deposit with the landlord would be sufficient to meet the rent for the period covered by the notice. Against that order, the landlord filed RCA No. 17 of 2013. The Appellate Authority re-fixed the rent at Rs. 13,500/- and eviction was ordered under Sec. 11(2)(b) of the Rent Control Act. The Appellate Authority held that the security deposit cannot be adjusted towards arrears of rent so long as the tenancy continues. Challenging the judgment of the appellate authority, the tenant filed RCR No. 229 of 2014 and the landlord filed RCR No. 281/2014.
4. When the Rent Control Revisions came up for hearing, the matter was referred for mediation before the Ernakulam Mediation Centre. The parties have settled their disputes and differences with respect to the Revisions as well as with respect to two suits pending before the Munsiff's Court, Hosdurg and Sub Court, Hosdurg and a memorandum of settlement dated 8th December 2014 was executed and signed. The terms of the settlement are the following:-
“The landlords and tenants have discussed the matter and settled the case as per the terms stated hereunder:
1. The landlords have agreed to pay Rs. 10,00,000/- (Rupees ten lakhs only) to the tenants on or before 28-2-2015. Out of the said amount, Rs. 5,00,000/- (Rupees five lakhs only) shall be paid on or before 10-01-2015. The balance amount of Rs. 5,00,000/- (Rupees five lakhs only) shall be paid on or before 28-02-2015.
2. The tenants shall unconditionally surrender the tenanted premises to the landlords on 28-2-2015 after receiving the entire amount of R. 10,00,000/- (Rupees ten lakhs only).
3. If the landlords fail to pay the aforesaid amount of Rs. 10,00,000/- within the time stipulated above, the tenant can continue to occupy the tenanted premises as a tenant.
4. The landlords can immediately withdraw the entire amount of rent deposited by the tenants before the Court of Rent Controller, consequent to the directions issued by the Hon'ble High Court of Kerala.
5. The landlords have agreed to withdraw two cases, which they have filed against the tenants before the Civil Courts. The details of the said cases are as follows:
i) O.S. No. 117/2013 on the file of Sub Court, Hosdurg.
ii) O.S. No. 424/2013 on the file of Munsiff's Court, Hosdurg.
6. The landlords have agreed to withdraw the aforesaid cases on or before 10-01-2015.
7. The landlords hereby agree that the tenants need not pay the rent for the months of December, 2014, January, 2015 and February, 2015”.
The settlement agreement is recorded and the Rent Control Revisions are disposed of in terms of the settlement.
Sd/- K.T. SANKARAN JUDGE Sd/- A.K. JAYASANKARAN NAMBIAR JUDGE
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