Posted inLease & Rent Control
An order under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (BRC Act) should specify the period in which the rent fell in arrears till the date of demand notice and the monthly rent payable, says the High Court of Kerala in Thomas Stephen v Fort in Infra Developers Pvt Ltd [MANU/KE/1521/2017].
It should be capable of ascertainment on an application under Section 11(2)(c) of the BRC Act. No kind of guess work can be made by the Rent Control Court under Section 11(2)(c) of the BRC Act.
In fact, there is no scope for adjudication or an enquiry under Section 11(2)(c) of the BRC Act as the jurisdiction is restricted only to look into the question of payment of the entire amount adjudicated as arrears of rent under Section 11(2)(b) of the act within the time specified.
The court adds that this would show that the order that can be passed under Section 11(2)(b) should be one amenable to Section 11(2)(c) of the BRC Act, specifying the rate of rent and the period in which the rent fell in arrears or its quantum.
It is needless to say that the rent arrears up to the date of notice alone can be considered and adjudicated under Section 11(2) (b) of the (BRC Act).
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