IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.A.ABDUL GAFOOR & THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 16TH JANUARY 2007 / 26TH PAUSHA 1928 RCRev..No. 368 of 2004() ------------------------ {R.C.A.NO.118/2002 OF THE DISTRICT JUDGE, (RENT CONTROL APPELLATE AUTHORITY),KOZHIKODE IN R.C.P.NO.160/2000 OF THE RENT CONTROL COURT (ADDITIONAL MUNSIFF-I),KOZHIKODE-I} .................... REVISION PETITIONER/APPELLANT/RESPONDENT: -------------------------------------------------------- P.T.ASSAIN, S/O. ABDUL RAHIMAN, AGED 60 YEARS, BUSINESS, KURUVATTOOR AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADVS. SRI.R.SUDHISH & SMT.M.MANJU RESPONDENTS: RESPONDENTS/PETITIONERS: --------------------------------------------------- 1. ALI ABDUL KAREEM, S/O.KUNHIKUTTY HAJI, AGED 47 YEARS, BUSINESS, RESIDING AT VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. KUNHIMUTTY HAJI(DIED), S/O.KUNHALAN, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. RCRev..No. 368 of 2004() :: 2 :: 3. BIYUTTY, W/O. KUNHIMUTTY HAJI, AGED 69 YEARS, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 4. MUKKIL BIYUTTY, W/O. LATE MUHAMMED, AGED 37 YEARS, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 5. NOUSHAD, S/O. LATE MUHAMMED, AGED 27 YEARS, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 6. NHILA, D/O. LATE MUHAMMED, AGED 27 YEARS, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 7. NILOFER, D/O. LATE MUHAMMED, AGED 13 YEARS, MINOR, REPRESENTED BY THE GUARDIAN 4TH RESPONDENT, MUKKIL BIYUTTY, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 8. ABDUL WAHAB, S/O. KUNHIMUTTY HAJI, AGED 37 YEARS, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. RCRev..No. 368 of 2004() :: 3 :: 9. PATHUKUTTY, D/O. KUNHIMUTTY HAJI, AGED 39 YEARS, VYDYAKARAN, KANHIRATHINGAL, VALIYORA AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.N.SREENIVASAN SRI.P.RAMACHANDRAN THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ALONG WITH RCR NO.369 OF 2004 ON 16/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.3409/04 & 250/06 IN R.C.R.NO.368/04 DISMISSED. Sd/- (K.A.ABDUL GAFOOR) JUDGE Sd/- (K.R.UDAYABHANU) 16.01.2007. JUDGE sk/- //true copy// P.S. To Judge. K.A.ABDUL GAFOOR & K.R.UDAYABHANU, JJ. ------------------------- R.C.R.Nos.368 & 369 of 2004 ------------------------- Dated this the 16th day of January, 2007. O R D E R Abdul Gafoor, J. There were altogether three Rent Control Petitions alleging grounds available under Sections 11(2) (b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act [Act 2 of 1965] {hereinafter referred to as 'the Act'} in respect of the tenants, father and son, concerning three shop rooms, in which one single business has been conducted. One petition has already been finalised and delivery has been ordered. In that situation, when these revision petitions came up for hearing, it is submitted by the revision petitioners/tenants that they may be granted four months' time to surrender vacant possession of the building. R.C.R.Nos.368 & 369 of 2004 :: 2 :: 2. We heard the counsel for the landlord as well. We are of the view that this submission is reasonable. Accordingly, both the revision petitions are closed, granting the revision petitioners four months' time to surrender vacant possession of the building. They shall vacate the building on or before 16.05.2007. They shall file an affidavit showing their preparedness to surrender vacant possession of the said building within the time stipulated above and to pay the entire arrears of rent and the rent that may accrue within the said four months. The affidavit shall be filed before the execution court within three weeks from today. Sd/- (K.A.ABDUL GAFOOR) JUDGE Sd/- (K.R.UDAYABHANU) JUDGE sk/ //true copy// P.S. To Judge K.A.ABDUL GAFOOR & K.R.UDAYABHANU, JJ. ---------------------------------------------- R.C.R.Nos.368 & 369 of 2004 O R D E R 16th January, 2007. ------------------------------------------------