IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 OP (RC).No. 4027 of 2011(O) --------------------------- AGAINST THE ORDER IN EP.346/2010 IN RCP.1/2009 of PRL.MUNSIFF, KASARAGOD .................... PETITIONERS (S): -------------------- 1. K.M.ABDULLA, S/O MAMMUNHI,BUSINESS MAN, RESIDING AT MOON LIGHT, M.G. ROAD,KASARAGOD KASBA VILLAGE, KASARAGOD TALUK, P.O, KASARAGOD. 2. C.A. MAJEED, S/O ABDUL AZEEZ,BUSINESS MAN, RESIDING AT MOON LIGHT, M.G.ROAD, KASARAGOD KASBA VILLAGE, KASARAGOD TALUK, P.O KASARAGOD. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- M.YOUSUF, S/O M.KUNHAMMAD, LANDHOLDER, RESIDING AT MOGRALVILLAGE,KASARAGOD TALUK, KASARAGOD,DISTRICT- 671321. ADV. SRI.ASHWIN GOPAKUMAR FOR RESPONDENT THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ O.P.RC NO. 4027 OF 2011 ------------------------ Dated this the 12th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. This original petition under Article 227 has been instituted by the petitioners who were the revision petitioners in RCR No.66/2011 in this court. In the above revision petition, on 23/5/2011 an order was passed by this court considering the request made by the revision petitioners for granting to them one year's time to surrender the building. The order was to the effect that the revision petitioners can continue in possession of the building till 23/5/2012 subject to certain conditions. The conditions were the following; i). The revision petitioners will file an affidavit before the Execution Court undertaking to give peaceful surrender of the building on or before 23/5/2012. ii). The revision petitioners will discharge the arrears of rent, if any, within one month and will continue to pay occupational charges at the existing contract rent of Rs.7500/- OPRC No. 4027 /2011 2 per month without fail as and when the same falls due. iii). The affidavit shall be filed within one month from that date. 2. It appears that the revision petitioners filed the affidavit within the time fixed by this court . However, they did not pay the arrears of rent which amounted to Rs.3,19,162/- in full. They paid only Rs.3 Lakhs within the stipulated time. The sum of Rs.19,162/-, the balance arrears of rent, was tendered to the landlords only on 18/10/2011. Though the amount was tendered on that day by D.D., the same was not accepted by the landlords on the reason that the order passed by this court on 23/5/2011 had worked out by itself. 3. In the present original petition the prayer is that the landlords/respondents be directed to receive the bleated payment and the petitioners be given the full benefit of time as allowed under this court order dated 23/5/2011. 4. As directed by us, Sri. Ashwin Gopakumar learned counsel, who appeared for the respondents in the previous round of litigation, took notice on behalf of the respondents. We have heard Sri. P.V.Kunhikrishnan learned counsel for the petitioners OPRC No. 4027 /2011 3 and Sri.Ashwin Gopakumar learned counsel for the respondents. 5. Mr. Ashwin Gopakumar would oppose the prayer in this original petition very stiffly. According to Mr.Aswin, the petitioners does not deserve any further indulgence at the hands of this court. The petitioners are guilty of suppressing material facts from this court. The crucial document, copy of the order passed by this court on 23/5/2011, was suppressed by the petitioners. This conduct of the petitioners should dis entitle them to any further relief at the hands of this court. Mr.Aswin Gopakumar further submitted that the petitioners have not even tendered the occupational charges at the rate of Rs.75,00/- per month which fell due since 23/5/2011. Hence, this petition may be dismissed with exemplary costs, so submitted the learned counsel. 6. We have given our anxious consideration to the rival submissions addressed at the Bar. Though we notice considerable force in the submissions of Mr.Ashwin Gopakumar, we feel that, as it was purely on considerations of indulgence and equity that we granted relief of time to the petitioners in this court's order date 23/5/2011, the petitioners will be granted OPRC No. 4027 /2011 4 the benefit of time granted to them under the order of this court dated 23/5/2011 imposing further rigourous conditions upon them. Accordingly, we allow this original petition and order that the petitioners will become entitled for the benefit of continuing in possession of the building till 23/5/2012 subject to the following conditions; i). The arrears of rent of Rs.19162/- together with occupational charges at the rate of Rs.7500/- which fell due from 23/5/2011 till date shall be paid by the petitioners to the respondents either directly or through the respondents' counsel in this court or the Execution Court, and failing that the same will be deposited by the petitioners before the Execution Court within a period of seven days from today. ii). The petitioners shall be liable to pay occupational charges to the respondents/landlords at the enhanced rate of Rs.9,000/- per month with effect from 23/6/2011 till 23/5/2012 without fail. Additional charges at the rate of Rs.1500/- per mensum for the period from 23/6/201 till date will be cleared by them within a period of one month from today. We make it clear that any default by the petitioners in the OPRC No. 4027 /2011 5 matter of compliance of any of the conditions incorporated herein will entail withdrawal of the benefits granted to them under this order., under which contingency the Execution Court will be justified in ordering delivery forthwith. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk OPRC No. 4027 /2011 6