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 14TH JANUARY 2011 / 24TH POUSHA 1932 RCRev..No. 104 of 2009(E) ------------------------------- RCA.8/2006 of ADDL.DISTRICT COURT,KOTTAYAM RCP.8/2001 of ADDL. RENT CONTROLLER, KOTTAYAM .................... PETITIONER/APPELLANT-4TH CR.PETITIONER -------------------------------------------------- P.K.MANIAN, NEW NARAYANA CAFE, M.L.ROAD, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): RESPONDENTS-PETITIONERS & CR.PETITIONERS 1 TO 3&5 -------------------------------------------------------------------------------------- 1. JACOB GEORGE, S/O.P.C.GEORGE, PADANILAHU HOUSE, AREEPARAMBU, MANARCADU VILLAGE, KOTTAYAM. 2. GEORGE THOMAS, S/O.P.C.GEORGE, DO.DO. 3. MATHEW GEORGE, S/O.DO. DO. 4. VRINDA BAI, W/O.NARAYANA SHENOY, KURINJIKATTIL HOUSE, KUMARANALLOOR POST, KOTTAYAM. 5. AJITHKUMAR SHENOY, S/O.NARAYANA SHENOY, DO. DO. 6. ASWATH KUMAR SHENOY, S/O.DO.DO. RCR NO.104/09 -2- 7. D.NARAYANA KAMMATH, NEW NARAYANA CAFE, M.L.ROAD, KOTTAYAM. ADV. SRI.RAJEEV.P.NAIR FOR R1-3 SRI.REJI GEORGE FOR R1-3 SMT.MANJU RAJAN FOR R1-3 SRI.T.U.VINOD FOR R1-3 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ R. C. R. No.104 of 2009 ------------------------------------------------ Dated this the 14th day of January, 2011 ORDER Pius C. Kuriakose, J As already found by this Court in our order dated 23/07/09, there is no infirmity about the judgment of the Appellate Authority ordering eviction against the revision petitioner concurrently on the grounds of subletting and additional accommodation. The revision necessarily will have to fail and will stand dismissed. In fact, this Court had issued notice only for the purpose of deciding on the time to be granted to the revision petitioner for surrendering the premises. The request of the revision petitioner on 23/07/09 was for a period of one year. It is seen that he has already got so much of time. However, we feel that the revision petitioner can be given a further period of six months from today, if he has not already vacated the building or surrendered the premises, subject to the following conditions:- R. C. R. No.104 of 2009 -2- 1) The revision petitioner shall discharge the entire arrears of rent due to the respondents within one month from today and produce receipt before the execution court. 2) The revision petitioner shall pay occupational charges to the respondent at the existing rent rate without fail till he surrenders the premises. 3) An affidavit incorporating undertaking to comply with the above directions shall be filed within three weeks from today. The revision petitioner will get the benefit of time granted as above only if he files the affidavit on time and honours the undertakings contained therein. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- R. C. R. No.104 of 2009 -3-