IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 23RD NOVEMBER 2007 / 2ND AGRAHAYANA 1929 RCRev..No. 344 of 2007 -------------------------------------- RCA.17/2007 of ADDL. DISTRICT COURT, PARAVUR RCP.1/2004 of MUNSIFF COURT, PERUMBAVOOR .................... REVN.PETITIONER/APPELLANT/RESPONDENT: M.P.MATHEW @ BABY, S/O. PAULOSE, MUKKANANCHERRY HOUSE, VARIKKADU BHAGOM, VALAYANCHIRANGARA, VENGOLA VILLAGE. BY ADV. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP RESPONDENT/RESPONDENT/2ND PETITIONER: NOBY MATHEW, S/O. LATE MATHAI, PARVELIKKUDY HOUSE, PERUMBAVOOR DESOM, PERUMBAVOOR VILLAGE. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 23/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.Balakrishnan Nair & K.P.Balachandran, JJ. ---------------------------- R.C.R.No. 344 of 2007 ---------------------------- ORDER Balakrishnan Nair, J. After hearing the revision petitioner for some time on 19.11.2007, we directed both sides to file affidavits concerning the ground taken by the revision petitioner as Ground No.5 in the revision. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that he had occasion to see the documents concerning the building stated to be constructed by the landlord. The landlord has got only an undivided share in the land, where the building is constructed. Therefore, Ground No.5 will no longer rescue the revision petitioner/tenant. Confronted with the above position, the learned counsel for the petitioner prayed that some time may be granted to the petitioner to vacate the tenanted premises. The learned counsel also submitted that, as per the instructions, his client proposes to wind up his business in the tenanted premises. So, six months' RCR 344/07 2 time may be granted. The learned counsel for the respondent submitted that the petitioner has already partly shifted from the premises and therefore, time may not be granted. 2. Having regard to the facts of the case, the petitioner is granted three month's time from today to vacate the tenanted premises on condition that he files an unconditional undertaking before the execution court, in the form of an affidavit, undertaking to vacate the tenanted premises within three months from today. The affidavit in this regard shall be filed within three weeks from today. The arrears of rent, if any remaining unpaid, shall be paid to the landlord or deposited in the execution court within one month from today. The tenant shall also continue to pay the monthly rent till he actually vacates the tenanted premises. The revision is disposed of as above. (K.Balakrishnan Nair, Judge) 23rd November, 2007 (K.P.Balachandran, Judge) tkv