IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 14TH NOVEMBER 2006 / 23RD KARTHIKA 1928 RCRev..No. 397 OF 2006() ------------------------ ( RCA.50/2000 OF II ADDL. RENT CONTROL APPELLATE AUTHORITY, THIRUVANANDAPURAM) RCP.55/1999 OF THE RENT CONTROL COURT.,THIRUVANANTHAPURAM. .................... REVISION PETITIONER/APPELLANT/COUNTER PETITIONER ----------------------------------------------------------------- MADHUSOODANAN NAIR, S/O.KRISHNA PILLAI, T.C.25/1097, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: ADDL. RESPONDENTS/PETITIONER ----------------------------------------- 1. C.NAGAMUTHU PILLAI, S/O.ARUMUGHAM PILLAI, T.C.24/314, THAMPANOOR, THIRUVANANTHAPURAM, (DIED ON 2.1.2006). 2. R.VASANTHA, W/O.LATE NAGAMUTHU PILLAI, KATHARIVILAKOM VEEDU, T.C.25/1094, ETRA 101, THYCAUD P.O., MODEL SCHOOL JUNCTION, MANORAMA ROAD, THIRUVANANTHAPURAM. 3. U.GEETHA, D/O.LATE NAGAMUTHU PILLAI, KATHARIVILAKOM VEEDU, T.C.25/1094, ETRA 101, THYCAUD P.O., MODEL SCHOOL JUNCTION, MANORAMA ROAD, THIRUVANANTHAPURAM. :2: RCR 397/20 4. N.NATARAJAN, S/O.LATE NAGAMUTHU PILLAI, KATHAIVILAKOM VEEDU, T.C.25/1094, ETRA 101, THYCAUD P.O., MODEL SCHOOL JUNCTION, MANORAMA ROAD, THIRUVANANTHAPURAM. 5. N.RAVISANKAR, S/O.LATE NAGAMUTHU PILLAI, KATHARIVILAKOM VEEDU, T.C.25/1094, ETRA 101, THYCAUD P.O., MODEL SCHOOL JUNCTION, MANORAMA ROAD, THIRUVANANTHAPURAM,(RESPONDENTS 2 TO 5 ARE IMPLEADED AS PER ORDER,DTD.9.3.06 IN I.A.554/06 BEFORE THE APPELLATE AUTHORITY). THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 14/11/2006, ALONG WITH R.C.R. 398/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & K.P. BALACHANDRAN, JJ. ==================================== R.C.R. NO. 397 & 398 OF 2006 ============================ DATED THIS, THE 14TH DAY OF NOVEMBER, 2006. O R D E R Raman, J. Tenants are the revision petitioners. Two rent control petitions were filed by the first respondent/landlord for eviction which were allowed by the Rent Control Court, against which appeals were preferred by the tenants as R.C.A. Nos. 50/2000 & 53/2000. The appellate court disposed of those appeals by a common judgment. Hence two revisions are filed against the common judgment. Accordingly, we dispose of those two revisions by this common order. 2. The revision petitioners/tenants are in occupation of two shop rooms of a building belonging to the respondents /landlords. The first respondent sought eviction of the petitioners by R.C.R. Nos. 397 & 398/2006 :2: filing separate applications before the Rent Control Court, Thiruvananthapuram. Though eviction was sought under Section 11(2)(b), 11(3) and 11(8) of the Buildings (Lease & Rent Control) Act, what survives for consideration is only the order ultimately passed under Section 11(3) of the said Act. 3. Both the courts below concurrently found the bona fide need of the landlord. As regards the benefit of the second proviso to Section 11(3) of the Act it was found that the tenants are mainly depending on the income derived from the business carried on in the tenanted premises. However, the appellate court found that the tenants did not prove the second limb of the second proviso of the Section that there is no other alternate accommodation available in the locality. Confronted with the situation that we are not persuaded to accept the contention, after arguing for some time, the learned counsel for the revision petitioners sought to withdraw all the contention R.C.R. Nos. 397 & 398/2006 :3: raised in these revision petitions and prayed for a reasonable time to give vacant possession of the premises and submitted that the matter need not be considered on merits. 3. We have considered the request. In the facts and circumstances, since the petitioners have withdrawn the contention raised in the rent control revision, the revision petitions shall stand dismissed. So however, we grant the revision petitioners a period of one year to surrender vacant possession of the respective premises and the execution petitions, if any, pending, shall stand deferred till then, on condition that each of the petitioners shall file an undertaking in the form of an affidavit, before the executing court within a period of one month from today, undertaking to give vacant possession of the respective premises on or before 14.11.2007 and also pay the arrears of rent, if any. Before surrendering vacant possession, they shall not induct any third parties into possession of the R.C.R. Nos. 397 & 398/2006 :4: premises and shall also pay/deposit future rent by way of compensation for use and occupation until vacant possession is given on the first of every month before the executing court. If they commit default in compliance with any one of the conditions as stipulated aforesaid, the eviction ordered by the courts below shall become executable forthwith. P.R. RAMAN, (JUDGE) K.P. BALACHANDRAN, (JUDGE) knc/-