IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18277 of 2010(H) -------------------------- E.P. RCP.117/2007 of PRL.MUNSIFF COURT.,ERNAKULAM .................... PETITIONER(S): --------------- LIJI SURESH,AGED 39 YEARS, W/O.SURESH,YAMUNA TEXTILES, SHOP NO.10/1029 A, THRIKKAKARA GRAPAM PANCHAYATH, MINI SHOPPING COMPLEX, KAKKANAD, KOCHI-30. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.S.FRIJO RESPONDENT(S): --------------- GEETHA PARAMESWARAN, AGED 45 YEARS, W/O.PARAMESWARAN (LATE), B-1133 ANUPAMA, SATELITE TOWN SHIP, KAKKANAD WEST, KOCHI 682 030. ADV. SRI.S.SREEKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 18277 of 2010 ----------------------------------------------- Dated this the 17th day of June, 2010 J U D G M E N T Pius C.Kuriakose, J. This writ petition under Article 227 is filed by the petitioner, a tenant, against whom the local Rent Control Court ordered eviction on the grounds of arrears of rent and bona fide need for own occupation. The respondent landlady levied execution of that eviction order and the present writ petition is filed after the Execution Court ordered delivery. The prayer made in this writ petition is that the copy application, which the petitioner had filed for obtaining certified copy of the eviction order passed by the Rent Control Court, which was dismissed for default, be restored and all proceedings for execution be kept in abeyance till such time certified copy is obtained and the petitioner is enabled to prefer an appeal. On receiving notice issued by this court, the respondent landlord entered appearance WP(C). 18277/10 -2- through Advocate Mr. S. Sreekumar. 2. We have heard the submissions of Mr.Gopikrishnan Nambiar, learned counsel for the writ petitioner and those of Mr.S.Sreekumar. Mr.Gopikrishnan Nambiar submitted before us that notwithstanding the prayer in the writ petition what the petitioner needs presently is only six months time to vacate the premises. Mr. Sreekumar submitted that there will not be serious opposition for the respondent landlady, in this court granting reasonable time to the writ petitioner for vacating the premises. But he submitted that a condition should be imposed that the entire arrears of rent due as on today, as well as the rent which may fall due subsequently should be paid. In response Mr.Gopikrishnan submitted that a sum of Rs.40,000/- paid by the petitioner to the respondent at the time of the letting is still outstanding with the landlady. According to him, if the arrears of rent as alleged are adjusted, amounts will be WP(C). 18277/10 -3- due from the landlady to the petitioner. Mr. Sreekumar disputed the above stand. According to us, it is not necessary that we decide as to whether amounts will be due from the petitioner to the respondent even after adjusting the sum of Rs.40,000/- which appears to have been paid at the time of letting. We feel that this is a case where there is justification for granting time to the writ petitioner till 31-12-2010 for surrendering the premises. Accordingly we dispose of the writ petition issuing the following directions: The Execution Court is directed not to effect delivery of the building which is subject matter of RCP No. 117 of 2007 pursuant to the order of delivery already passed in EP. No. 53 of 2010 till 31-12-2010 subject to the following conditions: The petitioner files before the Execution Court an affidavit within two weeks from today undertaking to give WP(C). 18277/10 -4- peaceful surrender of the building which is subject matter of the execution petition and the order in the RCP to the respondent on or before 31-12-2010. It will be undertaken further through the same affidavit that amounts if any due to the respondent after adjusting the advance amount actually paid to the respondent will be paid by the petitioner to the respondent (in advance) within two months from today. Once such an affidavit, is noticed by the Execution Court, the E.P. will be adjourned to 1-1-2011. It is needless to mention that the respondent will be bound to repay the amount if any which may be due to the petitioner after adjusting all the amounts due to the respondent from the petitioner. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-