“Obligation to Pay Rent Remained Unfulfilled”: Kerala High Court Upholds Tenant’s Eviction
Ernakulam, 12 September 2023 – The High Court of Kerala at Ernakulam, in a landmark judgment, upheld the eviction of a tenant, Subeesh, for failing to pay the outstanding rent within the stipulated time. The two-judge bench, comprising Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar, stated that the tenant’s “obligation to pay the rent then in arrears before 21.03.2020 remained unfulfilled.”
Subeesh, the petitioner, had been directed by the Rent Control Court in North Paravur to vacate the rented premises and surrender it to the landlord, Vichathran, due to unpaid arrears. Subeesh had appealed the decision, but the Rent Control Appellate Authority affirmed the lower court’s ruling.
“The object of the provisions of Section 12(1) of the Act is to deny the defaulting tenant the right to contest the application for eviction,” Justice P.G. Ajithkumar observed, underlining that the obligation to pay rent is not merely dependent on court orders but is statutory.
In a detailed order, the court also cited previous decisions, highlighting that “the principles of natural justice would mandate that the Rent Control Court or the Appellate Authority should afford such an opportunity to the tenant before passing an order under Section 12(3).”
Despite multiple opportunities and court orders, Subeesh failed to pay the complete arrears by the specified deadline. Even after being granted additional time by the court, Subeesh paid only a portion of the due amount, thus “failing to fulfill his statutory obligations.”
Upholding the decision of the lower courts, the High Court stated, “His obligation to pay the rent then in arrears before 21.03.2020 as per the judgment in O.P.(RC) No.28 of 2020 remained unfulfilled.” With this, the Court effectively sealed the tenant’s fate, affirming his eviction.
The case serves as a stern reminder to tenants about the legal repercussions of not adhering to rent agreements and court orders.
Date of Decision: 12 September 2023
SUBEESH vs VICHATHRAN
