IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 RCRev..No. 320 of 2010 ------------------------------------ RCA.59/2009 of II ADDL.DISTRICT COURT,ERNAKULAM RCP.87/2007 of III ADDL.M.C.EKM (RENT CONTROL) .................... REVISION PETITIONERS/APPELLANTS/RESPONDENTS 1 AND 3: 1. M.T.SAMU, AGED 52, S/O LATE M.P.THOMAS MUTTATHU HOUSE, HILL PALACE ROAD, TRIPUNITHURA 2. M.T.SAJEEV, AGED 49, S/O LATE M.P.THOMAS MUTTATHU HOUSE, HILL PALACE ROAD, TRIPUNITHURA BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENTS/RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 4 TO 7: 1. DENNY JOSEPH PINDIS, AGED 45 S/O JOSEPH PINDIS, PANNIPPILLIL HOUSE, MARKET ROAD, TRIPOONITHURA 2. PAUL.M.THOMAS, @ SALIM, AGED ABOUT 50, S/O LATE M.P.THOMAS, MUTTATHU HOUSE, HILL PALACE, TRIPUNITHURA. 3. SONY THOMAS, AGED 46, S/O LATE M.P.THOMAS, MUTTATHU HOUSE, HILL PALACE, TRIPUNITHURA. 4. SUNIL M.THOMAS, AGED 43, S/O LATE M.P.THOMAS, MUTTATHU HOUSE, HILL PALACE, TRIPUNITHURA. 5. SUNNY.M.THOMAS, AGED 42, S/O LATE M.P.THOMAS, MUTTATHU HOUSE, HILL PALACE, TRIPUNITHURA. 6. SINIC M.THOMAS, AGED 439, S/O LATE M.P.THOMAS, MUTTATHU HOUSE, HILL PALACE, TRIPUNITHURA. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.C.R.No.320 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October 2010 ORDER Basheer, J. Tenant of a commercial building having three Door numbers covered under a single tenancy, has preferred this revision petition under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965. He has suffered an order of eviction under Section 11(4)(iii) of the Act, concurrently. 2. When this petition is taken up for consideration, respondents/landlords have entered appearance on caveat. We have heard learned counsel on both sides. 3. Learned counsel for the petitioners/tenants submits that in view of the concurrent order passed by the two authorities below, the petitioners are not pursuing the matter any further. The limited prayer is only to grant the petitioners some reasonable time to vacate the premises. It is pointed out by the learned counsel that huge amounts are due from their customers. It may take some time to collect the dues from them. Therefore, learned counsel prays for atleast one year's time to vacate the premises. 4. The above plea is stoutly opposed by learned counsel for the respondents. It is pointed out by him that petitioners are now conducting business in only one of the three rooms where he is running a spare part shop. The second room is closed down and in the third, a stranger has been inducted who is conducting business in vegetables now. It is further contended by the learned counsel that the two authorities below have concurrently found that R.C.R.No.320 OF 2010 :: 2 :: petitioners are in possession of a large number of buildings in the near vicinity of the petition scheduled building. Therefore, according to the learned counsel, the plea for time is totally unjustified. He submits that petitioners may be directed to give vacant possession, forthwith. But these contentions raised by the learned counsel for the respondents are denied and refuted by the learned counsel for the petitioners. 5. Having regard to the entire facts and circumstances of the case, we grant four months' time to the petitioners to vacate the premises. Petitioners shall file an affidavit before the Rent Control Court undertaking to give vacant possession of the tenanted premises on expiry of four months from today, viz. on or before 19th of February, 2011. The affidavit shall be filed within one week from today. On expiry of the period of four months, the petitioners shall vacate the premises unconditionally. 6. Petitioners shall deposit the entire arrears of rent, if any, and shall continue to pay the future rent without default till vacant possession is given. If the affidavit is not filed as directed above, it will be open to the respondents to execute the order of eviction, forthwith. Revision petition is dismissed with the above directions. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes