IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 RCREV..NO. 327 OF 2008(D) ---------------------------------- RCA.119/2004 OF RENT CONTROL APPELLATE AUTHORITY (ADDL.DISTRICT COURT (ADHOC)-III, THALASSERY RCP.65/2003 OF RENT CONTROL COURT( MUNSIFF COURT), THALIPARAMBA .................... REVISION PETITIONERE/APPELLANT/RESPONDENT: ----------------------------------------------------------------- CHERIYALAKKANDI ABDUL AZEEZ, S/O.K.P.IBRAHIM, BUSINESS, PUSHPAGIRI, TALIPARAMBA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT/PETITIONER: ----------------------------------------------------- KUTTOOKKAN SUBAIDA SALAM, W/O.MOTTANTAKATH PUTHIYAPURAYIL, ABDUL SALAM HAJI, SUBAIDA MANZIL, PUSHPAGIRI, TALIPARAMBA AMSOM DESOM, P.O.TALIPARAMBA, KANNUR DISTRICT. ADV. SRI.K.V.SOHAN FOR R1 SMT.SREEJA SOHAN.K. FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Order on I.A.No.2926/08 In RCR 327/08 25-2-2011 Dismissed Sd/- PIUS C. KURIAKOSE,JUDGE. Sd/-N.K. BALAKRISHNAN,JUDGE. [true copy] P.S.to Judge. PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = R.C.R. NO. 327 OF 2008 = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2011. O R D E R PIUS C. KURIAKOSE,J. The tenant is in revision challenging the judgment of the Rent Control Appellate Authority confirming the order of eviction passed against him by the Rent Control Court on the grounds under S.11 (3) and S.11(2)(b). Even after hearing Mr.Gracious Kuriakose, learned counsel for the revision petitioner in extenso, this Court did not find any warrant for invocation of the revisional jurisdiction u/s 20 of Act 2 of 1965 for interfering with the eviction order. However Mr. Gracious Kuriakose submitted before us that the tenant is ready to give immediate surrender provided he is accommodated in one room of the new building constructed by the landlady on the back R.C.R. NO. 327 OF 2008 -:2:- side of the existing building. He made a further statement that at any rate, he should be given six months time for vacating the premises. It was considering these two submissions that this Court issued notice to the landlady by special messenger. Notice was issued as early as in 19.1.09. An interim order staying execution proceedings was passed by this Court and was extended from time to time. The order was in force till 12.2.2009 only. In all probability the revision petitioner has been evicted. The time sought for by Mr. Gracious Kuriakose has already been gained by his client as we are in 2011 now. Under these circumstances we are obliged to dispose of the RCR in the light of the order dated 19.1.2009 passed by this Court at the time of considering the RCR for admission. Accordingly the RCR is disposed of with the following directions. If the revision petitioner continues to be in possession of the petition schedule building, he R.C.R. NO. 327 OF 2008 -:3:- shall surrender the same on or before 10.4.2011. In the meanwhile, the execution Court shall, if necessary, explore the possibilities of a settlement between the landlady and the tenant by inducting the tenant into one room in the new building constructed by the landlady on the back side of the petition schedule building on rental terms which are acceptable to the landlady. If the endeavour of the learned Munsiff fails, the learned Munsiff should ensure that the building is delivered to the landlord by initiating appropriate process. PIUS C. KURIAKOSE,JUDGE. N.K. BALAKRISHNAN,JUDGE. ul/-