IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 RCRev..No. 7 of 2004(C) ----------------------- RCA.37/2002 of V ADDL. DISTRICT COURT, ERNAKULAM RCP.99/1998 of I ADDL.M.C.,ERNAKULAM .................... PETITIONER/1ST RERSPONDENT/ 1ST RESPONDENT -------------------------------------------------------------- THE MANAGER, ALLAHABAD BANK, WEBSTER'S BUILDING, M.G.ROAD, COCHIN-35 BY ADV. SRI.DEVAN RAMACHANDRAN RESPONDENT(S): APPELLANT & 2ND RESPONDENT ----------------------------------------- 1. REGGIVE WEBSTER, WEBSTER'S BUILDING, M.G.ROAD, COCHIN-35 2. ROSHINI JACOB D/O. LATE WEBSTER, RESIDING AT THEKKEKARA, XIII/482, P.A. ZAINUDHEEN NAINA ROAD, CHULLICKAL, KOCHI-5 ADV. SRI.C.T.JOSEPH FOR R1 SRI.K.R.GANESH FOR R1 SRI.N.SAJU THOMAS FOR R1 SRI.C.JAYACHANDRAN FOR R1 SRI.JOE POLLAYIL FOR R1 SRI.A.M.SHAFFIQUE (SR.) FOR R2 SMT.PRIYA KRISHNAMOORTHY FOR R2 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 25/11/2008,ALONG WITH RCR NO.96 OF 2005 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NOS.39/2004 AND 2644/2008 IN R.C.R No.7/2004 CLOSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 25/11/2008 \\TRUE COPY// P.A TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ R.C.R. Nos.7/2004-C and 96/2005-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of November, 2008. O R D E R Raman, J. R.C.R.No.7/2004 is filed by the tenant, Allahabad Bank, challenging the order of the appellate authority remanding the rent control petition. The original R.C.P was dismissed against which the landlord filed an appeal and eventually, the matter was remanded as stated above. However, there is a dispute between the landlord and his sister. Since the sister has got 1/6th right over the property and it is alleged by the sister that without her juncture the eviction petition ought not have been filed. R.C.R.No.96/2005 is filed by the sister of the landlord who sought eviction. When the matter came up for consideration before us today, counsel Sri.Devan Ramachandran appearing on behalf of the petitioner in R.C.R.No.7/2004 submitted that his client is prepared to vacate the building by 31/12/2008 and he is seeking to withdraw the contentions in R.C.R.No.7/2004. The petitioner in R.C.R.No.96/2005 has agreed to settle the dispute between herself and her brother separately and is not pressing R.C.R.No.96/2005. R.C.R.No.96/2005 is dismissed as not pressed. R.C.R. Nos.7/2004-C and 96/2005-E -:2:- 2. In the above circumstances, we dismiss R.C.R.No.7/2004. However, we grant time for surrendering vacant possession of the premises till 31/12/2008. An undertaking in the form of an affidavit agreeing to give vacant possession of the premises shall be filed by the tenant bank before the Rent Control Court within a period of two weeks and also deposit rent arrears if any, along with future rent upto 31/12/2008 before Rent Control Court within the aforesaid period of two weeks. On or before the agreed date of 31/12/2008, the tenant Allahabad Bank shall surrender vacant possession and return the key to the Rent Control Court from where the first respondent in R.C.R.No.7/2004 shall receive the key, issue receipt and possession taken for himself and for and on behalf of his sister. Out of the amount deposited and withdrawn by the landlord, 1/6th of the amount shall be paid to the petitioner in R.C.R.No.96/2005. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms