K.T.Sankaran, J.
The tenant in R.C.P.No.55 of 2012 on the file of the Rent Control Court, Ernakulam, against whom an order under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act') was passed by the Rent Control Court and which was confirmed by the Appellate Authority, challenges the order and judgment of the courts below.
2. The Rent Control Petition was filed by the respondent/landlord under Section 11(3) of the Act. The monthly rent payable by the tenant is ₹14,000/-. The landlord filed I.A.No.5568 of 2012 for directing the tenant to pay the arrears of rent from March 2012 at the rate of ₹14,000/- per month together with interest at 6% per annum and to continue to pay the rent till termination of the proceedings. The tenant did not file any counter in I.A.No.5568 of 2012. The Rent Control Court passed an order on 19.10.2012 under Section 12(2) of the Act directing the tenant to pay arrears of rent from March 2012 till the date of order together with interest at the rate of 6% per annum and continue to pay the monthly rent at the rate of ₹14,000/- till the termination of the proceedings.
3. According to the landlord, the tenant did not comply with the order dated 19.10.2012. On the contention put forward by the landlord that the order was not fully complied with by the tenant, the court below directed the tenant to show cause under Section 12(3) of the Act. The tenant failed to offer any explanation for his failure to pay the arrears of rent. When the case was called, the tenant was absent and there was no representation on his side. The Rent Control Court, accordingly, passed an order stopping all further proceedings as provided under Section 12(3) of the Act and directed the tenant to put the landlord in possession of the petition schedule building.
4. The order passed by the Rent Control Court was challenged by the tenant in R.C.A.No.31 of 2013, on the file of the Rent Control Appellate Authority, Ernakulam. The Appellate Authority considered the facts and circumstances in detail and held that there was non-payment of rent, delay in payment of rent and there was failure on the part of the tenant to show cause why he did not comply with the order passed under Section 12(1) of the Act. Accordingly, the Appellate Authority confirmed the order passed by the Rent Control Court.
5. The learned counsel for the revision petitioner/tenant submitted that non-payment of rent was not willful and that non- appearance on the date fixed for hearing was also not willful. At this stage, we are not inclined to accept this contention put forward by the learned counsel for the revision petitioner, particularly, since the Rent Control Revision does not make out any ground to accept the said contention.
6. After having heard the learned counsel for the parties, we grant a very last opportunity to the tenant to contest the case on the merits, if he complies with the following conditions:
a) The petitioner/tenant shall deposit before the Rent Control Court the entire arrears of rent including rent for June 2014, within one month from today.
b) The petitioner/tenant shall deposit before the Rent Control Court rent for the months from July 2014 to December 2014 (both months inclusive), within six weeks from today.
c) It is submitted by the learned counsel appearing for the respondent/landlord that if the amount is deposited before the Rent Control Court it would take much time to get it disbursed and that it is sufficient if the tenant deposits rent up to and inclusive of June 2014 in the bank account of the landlord. The learned counsel appearing for the tenant agrees to this suggestion. If the deposit is made in the bank account of the landlord, the tenant shall file an affidavit before the Rent Control Court stating that he has made such deposit.
d) The landlord would be entitled to withdraw the monthly rent payable for the period from July 2014 till the culmination of the Rent Control Petition.
e) If the tenant fails to comply with any of the conditions mentioned as (a), (b) and (c) above, the Rent Control Revision shall be treated as dismissed and the order and judgment impugned in this Revision shall stand confirmed.
f) If the tenant complies with all the conditions mentioned above, the order passed by the courts below under Section 12(3) of the Act shall stand set aside. In such an event, the Rent Control Court shall dispose of the Rent Control Petition as expeditiously as possible and, preferably before 31.10.2014. The Rent Control Revision is disposed of as follows:
(K.T.SANKARAN) Judge ahz/ (A.MUHAMED MUSTAQUE) Judge