IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 CRP.No. 989 of 2002() --------------------- RCA.122/2001 of D.C. & SESSIONS COURT, ERNAKULAM RCP.60/1998 of PRL.M.C., KOCHI .................... REVN. PETITIONER(S): APPELLANTS/ADDL.RESPONDENTS 2 TO 5 ------------------------------------------------------- 1. MRS.RATNAM,W/O.LATE RAMAN PILLAI, PONNAPPAN PILLAI,C.C.8/612, MANI'S CAFE, TOWN HALL ROAD, KOOVAPADAM,KOCHI-2. 2. ANI ALIAS BALAKRISHNAN,S/O.RAMAN PILLAI PONNAPPAN PILLAI,DO. DO. 3. VENU, S/O. RAMAN PILLAI PONNAPPAN PILLAI DO. DO. 4. MANI, S/O. RAMAN PILLAI PONNAPPAN PILLAI DO. DO. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------ DINESH V.PAI,S/O.VENKITESWARA PAI, C.C.8/617, TOWN HALL ROAD,KOCHI-2. ADV. SRI.THOMAS CHAZHUKKARAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ C.R.P.No. 989 OF 2002 ------------------------ Dated this the 13th day of November, 2009 O R D E R Pius C.Kuriakose, J. The tenants are in revision. They challenge the order of eviction concurrently passed by the Rent Control Court and the Appellate Authority on the ground of requirement of reconstruction under clause (iv) of sub section 4) of Section 11. 2. Sri.T.H.Abdul Azeez, learned counsel for the revision petitioners addressed us very strenuously and extensively on the various grounds raised in the revision petition. But, on scanning the order of the Rent Control Court and the judgment of the Appellate Authority confirming the same, we find that the findings entered therein are all founded on evidence. It has been found that the building is in such a condition as warranting reconstruction; that the landlord has necessary where withal for carrying out reconstruction, that the landlord has a valid building permit issued in his favour by the Corporation of Kochi for carrying out the reconstruction. Thus, all the statutory pre- requisites for justifying order of eviction under Section 11 (4) (iv) CRP.No.989/2002 2 were proved by the landlord before the Rent Control Court and the Appellate Authority, which are two fact finding authorities under the scheme of the Rent Control Act. In this jurisdiction under Section 20, this court is not expected ordinarily to reappraise the evidence. This court's look out under Section 20 is only to see whether the finding of the Appellate Authority, which is the final court on facts, is tainted by any illegality, irregularity or impropriety warranting intervention. 3. Having guaged the judgment of the Appellate Authority by the yardstick applicable to the exercise of revisional jurisdiction under Section 20, we are of the view that there is no warrant for invocation of revisional jurisdiction. Therefore, we are of the view that the revision petition has to fail. However, considering the last plea made by the learned counsel for the petitioners, we are inclined to grant reasonable time to the revision petitioners, who are conducting a tea shop in the building in question, to vacate. Accordingly, even as we dismiss the RCR, we issue the following directions; 1). The respondent/landlord shall complete the reconstruction of the building as per the plan submitted before CRP.No.989/2002 3 the authorities below within 9 months of obtaining actual possession of the building. Once reconstruction is completed, the revision petitioners will be inducted into area in the new building more or less equal to the area presently enjoyed by them in the petition schedule building subject to their liability to pay fair rent. 2). The Execution Court is directed not to order and effect delivery of the petition schedule building in favour of the respondent/landlord till 31/3/2010 subject to the following conditions; The revision petitioners shall file an affidavit before the Execution Court or before the Rent Control Court, as the case may be, within three weeks from today undertaking to give peaceful surrender of the petition schedule building to the respondent/landlord on or before 31/3/2010. It will be undertaken through the very same affidavit, that arrears of rent, if any, will be discharged by the CRP.No.989/2002 4 revision petitioners within one month and that occupational charges at the current rent rate will also be paid to the respondent as and when the same falls due till 31/3/2010. It is made clear that the revision petitioners will get the benefit of time granted under this judgment, only if affidavit is filed on time. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk CRP.No.989/2002 5 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ C.R.P.No. 989 OF 2002 ------------------------ O R D E R 13th November,2009