AIR 1996 SUPREME COURT 363 ::1995 AIR SCW 4190 ::1996 BomRC 105 ::1996 SCFBRC 65 ::(1996) 1 APLJ 37 ::1995 (6) SCC 491 ::(1996) 1 Ker LJ 1 ::(1995) 2 Ker LT 755

Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): A. M. Ahmadi, S. C. Sen, K. S. Paripoornan , JJJ

(A) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) , S.11(2)(b), S.11(2)(c), S.12— Eviction - Order passed under S. 11(2)(b) - Provision under S. 11(2)(c) alone is attracted and S. 12 is inapplicable. Decision of Kerala High Court, D/- 27-10-1994, Reversed. Section 12 will not apply to a proceeding which is already over under S. 11(2)(b). To invoke S. 12, an independent order passed during the pendency of the proceedings under S. 11 is required. With regard to the proceedings which have ended in an order passed by the Rent Control Court under S. 11(2)(b), it is only the provisions of S. 11(2)(c) that are applicable. It cannot be said that provisions of S. 11(2)(b) should be read along with S.12. Section 12 has no application to a case wherein the proceedings for eviction are not pending, but on the other hand an order of eviction has been passed by the Court under S. 11(2)(b). In a case where an order of eviction has been passed under S. 11(2)(b), Section 11(2)(c) alone is attracted and S. 12 is inapplicable. Decision of Kerala High Court, D/- 27-10-1994, Reversed.(Para 7) (B) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) , S.11(2)(b), S.11(2)(c)— Eviction - Deposit of arrears of rent - Expression "the arrears of rent" in S. 11....