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P.U. Sidhique and Others vs. Zakariya

Not available · 2025 INSC 1340Decided 21 Nov 2025
Not available
Justice Rajesh Bindal · Justice Manmohan

Background

Landlords in Kochi, Kerala let out two commercial shops to a tenant who fell into rent arrears (unpaid since early 2020). The landlords obtained an eviction order under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 for failure to deposit/pay rent, which the Appellate Authority upheld, but a Division Bench of the Kerala High Court set aside that order on the tenant's appeal, holding that the landlords had to once again follow the procedure under Section 12(1) even during the pendency of the appeal. The landlords approached the Supreme Court to have the eviction order restored.

Decision Breakdown

The Supreme Court held that the Kerala High Court's Division Bench had misread the summary eviction procedure under Sections 11 and 12 of the Act, effectively allowing the tenant to occupy the premises for years using procedural technicalities while not paying rent. The Court restored the Appellate Authority's order affirming eviction, set aside the High Court's Division Bench order, and directed the tenant to hand over vacant possession by 31 December 2025, conditional on filing an undertaking to pay outstanding arrears, failing which the landlords could immediately execute the eviction decree.

Lesson Learnt

Rent control laws with summary eviction procedures for non-payment of rent are meant to be interpreted purposively in favour of quick relief to landlords. Courts will not allow tenants to indefinitely delay eviction through technical procedural objections while continuing to occupy premises rent-free.

Official source (sci.gov.in)View Judgment (PDF)

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