IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 RCRev..No. 121 of 2010() ------------------------ RCP.9/1996 of DISTRICT COURT, PATHANAMTHITTA RCA.6/1999 of RENT CONTROL APPELLAT AUTHROITY ,PATHANAMTHITTA .................... REVISION PETITIONER/APPELLANT/COUNTER PETITIONER -------------------------------------------------------------------- P.MOHAMMED ALI, WARD NO.XXII, BUILDING NO.71 AND 78, OPPOSITE AISWARYA THEATRE, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): RESPONDENTS/PETITIONERS -------------------------------------- 1. M.G.KURIAN, MAMKOTTATHIL HOUSE,(DIED) AZHOOR MURI, PATHANAMTHITTA. 2. VALSAMMA KURIAN, W/O.KURIAN, PHARMACIST, MAMKOOTTATHIL HOUSE, PATHANAMTHITTA. 3. ABY.M.KURIAN, MAMKOOTTATHIL HOUSE, PATHANAMTHITTA. 4. ANAND M.KURIAN, MAMKOOTTATHIL HOUSE, PATHANAMTHITTA. ADV. SRI.R.RAJASEKHARAN PILLAI FOR R2 TO R4 THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.C.R.No. 121 OF 2010 ------------------------ Dated this the 20th day of May, 2010 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed by the tenant is the judgment of the Rent Control Appellate Authority dismissing the appeal filed by the revision petitioner/tenant for default. The revision is not filed on time. It is delayed by 2106 days. The explanation offered by the revision petitioner for condonation of the delay is not at all convincing. But, the learned counsel for the revision petitioner submits that it will suffice if three months time is granted to the petitioner to surrender the premises. 2. The request for grant of time is very stiffly opposed by Sri.R.Rajesekharan Pillai, who has entered appearance on behalf of the respondents/landlords. According to him, rent is in arrears since September 2002 at the rate of Rs.850/- per month. As on today, the arrears of rent alone will come to Rs.78,200/-. Inclusive of statutory interest at the rate of 6% and cost, the amount will come to Rs.85,000/-, so submits the learned counsel. R.C.R..No.121/2010 2 3. Ordinarily, we would have rejected this revision petition and relegated the petitioner to the Rent Control Appellate Authority itself since it is for the revision petitioner to convince the Appellate Authority as to why he has not present when the RCA was called for hearing. But, since the learned counsel for the petitioner wanted only three months time to vacate, we feel that notwithstanding the opposition of the learned counsel for the respondents, time can be granted imposing the conditions. 4. Accordingly, we dispose of this revision petition in the following terms; i). The order of eviction passed by the Rent Control Court and the Appellate Authority is confirmed. ii). The revision petitioner is granted time till 31/8/2010 to surrender the premises subject to the following conditions; a). The revision petitioner shall pay a sum of Rs.80,000/- to the respondents either directly or through their counsel in this court on or before 30/6/2010. If the Execution Court finds that the R.C.R..No.121/2010 3 amount ordered as above is paid, that court will defer the delivery till 31/8/2010. If payment is not made on time, the Court will be justified in effecting delivery forthwith. b). The Execution Court is directed in the meanwhile to adjourn the delivery presently ordered to 1/7/2010. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk