The Supreme Court on Friday (November 21) ruled that there's no requirement for the landlord to file a fresh application under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 when tenants challenge an eviction order for non-payment of rent before the Appellate Authority.

“the 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. The 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.” , observed a bench of Justices Rajesh Bindal and Manmohan while ordering eviction

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