A. Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12, 18 -- Eviction of tenant – Re-determination of outstanding rent – Power of Appellate Rent Authority -- Rent Control Appellate Authority is not the Court of first instance, it only tests the exercise of jurisdiction and power by the Rent Control Court -- Appellate Authority is not required to re-determine the issue of default or the outstanding amount of rent -- It has only to examine as to whether the Rent Control Court has erred in law or in facts and/or has exercised its jurisdiction in accordance with law.

(Para 30)

B. Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12, 18 -- Eviction of tenant – Arrears of rent -- Power of Appellate Rent Authority -- While hearing the appeal, the Appellate Authority has full discretion to pass any order in accordance with law, including an order dismissing the Appeal and/or extending the time to deposit/pay the arrears of rent, or if it finds substantial merit in the Appeal, it may issue notice and unconditionally stay the impugned order of eviction, or if it finds that the Appeal raises an argument which is plausible but improbable, it may direct the Appellant to pay/deposit the amount determined by the Rent Controller pending the hearing of the Appeal -- Though the power of the Appellate Authority cannot be put in a straitjacket, yet normally speaking, a tenant must be directed to pay/deposit the amount determined by the Rent Controller before an Appeal is heard by the Appellate Authority and that too when a money decree has been passed by a Civil Court which has not been stayed by the Appellate Court.

(Para 31)

C. Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12, 18 -- Eviction of tenant – Pendency of appeal -- Application u/s 12 of Act, 1965 – Not mandatory -- Respondent-tenant’s submission that in an Appeal challenging an eviction order under Section 12(3) of the Act, 1965 a fresh application under Section 12(1) of the Act, 1965 is mandatory, is contrary to the explicit language of Sections 12 and 18 of the Act, 1965.

(Para 32)

D. Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Eviction of tenant – Pendency of appeal -- Application u/s 12 of Act, 1965 – Held, Sections 12(1) and 12(3) procedure is to be primarily followed by the Rent Controller -- It is essentially in cases where supervening events have taken place during the pendency of Appeal, that the parties have the liberty to file an application u/s 12 of the Act, 1965 once again before the Appellate Authority like where rent has been paid till the date of filing of the Appeal, but by the time the Appeal has matured for hearing, further rent has accrued, which has not been paid -- In such a case, it would be open to the Appellate Authority to entertain a fresh application u/s 12(1) by the landlord and decide the same in accordance with the procedure stipulated u/s 12 of the Act, 1965.

(Para 32)