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 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 RCRev..No. 214 of 2008() ------------------------ RCA.37/2005 of V ADDL. DISTRICT COURT, ERNAKULAM RCP.17/2004 of I ADDL.M.C.,ERNAKULAM .................... PETITIONER/ APPELLANT/RESPONDENT: -------------------------- V.G. MURALEEDHARAN, AGED 44, MEDIA POINT, 40/4116, (NEW NO. 40/5292) ST. ALBERT'S SCHOOL LANE, BANERJI ROAD, ERNAKULAM. BY ADV. SRI.PHILIP MATHEW SRI.P.J.JOSEPH PANIKKASSERY RESPONDENT/ RESPONDENT: RESPONDENT ----------------------- P.M. HAFIS MOHAMMED, AGED 35, 40/4344, ST. ALBERT'S SCHOOL LANE, BANERJI ROAD, ERNAKULAM VILLAGE. BY THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.1939/2008 DISMISSED. 2/9/2008 SD/- P.R. RAMAN, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - R.C.R. No.214 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2008. O R D E R Raman, J. After arguing the matter for some time, learned counsel for the petitioner sought to withdraw the contentions, however, pleaded for a reasonable time to vacate the premises. It is also agreed by him that since the sub-lease is found proved, an undertaking in the form of an affidavit agreeing to vacate the premises, will be given by both the petitioner as well as the alleged sub-tenant. 2. In the aforesaid circumstances, we permit the Rent Control Petition to be withdrawn. Accordingly, the same is dismissed as withdrawn. However, the execution of the order of eviction passed by the Rent Control Court as affirmed by the Appellate Authority, will stand deferred for a period of five months on the following conditions: i) The petitioner as well as the alleged sub-lesseee shall file an undertaking in the form of an affidavit separately before the Rent Control Court/Execution Court agreeing to give vacant possession of R.C.R.No.214/2008 -2- the tenanted premises on or before 2.2.2009 and such undertaking shall be given within a period of three weeks from today. He shall also deposit the entire arrears of rent, if any, within the aforesaid period of three weeks from today. The time granted to the petitioner in no way will be understood as implied permission be granted to the sub-lease. ii) He shall not induct any third party into the premises; and iii) He shall continue to pay the amount equivalent to the monthly rent for use and occupation, until vacant possession of the premises is given to the landlord. In case of failure to comply with any of the aforesaid conditions, the order of eviction passed by the authorities below will forthwith become enforceable. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/