IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 RCRev..No. 274 of 2008() ------------------------ RCA.30/2006 of I ADDL.DISTRICT COURT, ERNAKULAM RCP.12/2004 of MUNSIFF COURT,MUVATTUPUZHA .................... (S): PETITIONER/APPELLANT/RESPONDENT ----------------------------- VIJAYAN, AGED 61 YEARS, S/O. KUTTAPPAMN, KANDACHIRA HOUSE, AVOLY, ANICAD KARA, MUVATTUPUZHA. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): RESPONDENTS/PETITIONERS -------------------------- 1. SAJU, AGED 42 YEARS, S/O. AUGUSTINE, PULPAAMBIL HOUSE, KALLOORKAD.P.O, MUVATTUPUZHA. 2. MINI, AGED 36 YEARS, W/O. SAJU, PULPARAMBIL HOUSE,KALLOORKAD.P.O, MUVATTUPUZHA. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN IA 2479/08 DISMISSED. 17.11.2008 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.274 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2008. O R D E R Raman, J. The petitioner is a tenant who is faced with a order of eviction under Sections 11(3) and 11(4)(i) of the Kerala Buildings (Lease & Rent Control) Act, 1965. The Rent Control Court ordered eviction. It was confirmed by the Appellate Authority,against which this revision petition is filed. 2. After arguing the matter for some time, learned counsel for the petitioner sought to withdraw the revision petition, however pleaded for a larger time to surrender vacant possession of the building. Considering the fact that the petitioner is doing business for the past several years in the tenanted premises and further considering the fact that the petitioner is seeking to withdraw the revision petition, it is only appropriate that he be given a reasonable time to give vacant possession of the building. Accordingly, we dismiss the revision petition, however direct that the order of eviction passed against the petitioner shall not be executed for a period of 10 months from today on the following conditions: i) That the entire arrears of rent, if any, shall be deposited before the RCR 274/2008 -2- Execution Court within a period of three weeks from today and the petitioner shall also file an affidavit within the said time undertaking to give vacant possession of the tenanted premises on or before the expiry of the period of ten months' from today, i.e. on or before 17.9.2009. ii) that the tenants shall not induct any third party into the premises; iii) that an amount equivalent to the rent towards use and occupation of the building shall be regularly paid by the tenants until vacant possession is given; and iv) that if for any reason the tenants fail to comply with any of the aforesaid conditions, the order of eviction passed by the court below will forthwith become enforceable. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/