CHINNAMMA versus GOPALAN AND ORS.

CHINNAMMA versus GOPALAN AND ORS.

The tenant is required to deposit only the amount of arrears of rent, interest, and costs quantified in the eviction order under Section 11(2)(b) for vacating the order under Section 11(2)(c); Section 12 does not require deposit of subsequent arrears after the eviction order, and applies only during the pendency of eviction proceedings.

Parties
Appellant: Chinnamma; Respondent: Gopalan; Appellant Advocate: T.G.N. Nair; Respondent Advocate: S. Prasad; Respondent Advocate: Ms. Revathy Raghavan
Jurisdiction
India
Judgment Date
13 October 1995
Procedural Posture
Civil Appeal / Final Decision of Supreme Court
Outcome
Appeal allowed; order of District Judge in R.C.R.P. No. 6 of 1985 dated 31.7.1986 restored; no order as to costs.
Legal Topics
Eviction, Default of Rent Payment, Interpretation of Deposit Requirements Under Kerala Buildings (lease & Rent Control) Act, 1965
Landlord and Tenant Rent Control Eviction Default of Rent Payment Interpretation of Deposit Requirements Under Kerala Buildings (lease & Rent Control) Act, 1965

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Parties

Chinnamma

Appellant

Gopalan

Respondent

T.G.N. Nair

Appellant Advocate

S. Prasad

Respondent Advocate

Ms. Revathy Raghavan

Respondent Advocate

Procedural Posture

Civil Appeal / Final Decision of Supreme Court

Legal Issues

  1. 1 What amount must a tenant deposit under Section 11(2)(c) of the Kerala Buildings (Lease & Rent Control) Act, 1965 to vacate an order of eviction?
  2. 2 Does Section 12 of the Act require deposit of arrears accrued subsequent to the eviction order?
  3. 3 Is Section 12 applicable after an eviction order under Section 11(2)(b) has been passed?

Ratio Decidendi

The tenant is required to deposit only the amount of arrears of rent, interest, and costs quantified in the eviction order under Section 11(2)(b) for vacating the order under Section 11(2)(c); Section 12 does not require deposit of subsequent arrears after the eviction order, and applies only during the pendency of eviction proceedings.

Court Disposition

Appeal allowed; order of District Judge in R.C.R.P. No. 6 of 1985 dated 31.7.1986 restored; no order as to costs.

Orders

  • Judgment of Single Judge of Kerala High Court dated 27.10.1994 set aside.
  • Order passed by District Judge in R.C.R.P. No. 6 of 1985 dated 31.7.1986 restored.