IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 RCRev..No. 312 of 2011() ------------------------ RCA.108/2009 of RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE RCP.12/2008 of RENT CONTROL COURT .,KOZHIKODE-II .................... REVISION PETITIONER/APPELLANT/RESPONDENT. ------------------------------------------------------------- PONNAMBALATH ASEES, S/O.ABDUL HAMEED, AGED 69 YEARS, NALLALAM AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S)/RESPONDENT/PETITIONER: --------------- CHENNIKKATT MOIDEENKOYA, S/O.IMBICHAMMU HAJI, NALLALAM AMSOM DESOM, KOZHIKODE TALUK.673027 THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.C.R.No. 312 OF 2011 ------------------------ Dated this the 4th day of August, 2011 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed by the tenant is the judgment of the Rent Control Appellate Authority confirming the order of eviction passed under Section 11(2)(b). Apparently attractive grounds have been raised and Sri.K.M. Firoz learned counsel for the revision petitioner addressed us in detail on the basis of all those grounds. 2. Having gone through the impugned judgment as well as the order of the Rent Control Court, we do not find any warrant for interference within the contours of our jurisdiction under Section 20. After all, eviction orders passed under Section 11 (2) (b) are tentative orders, which are always liable to be got vacated by making requisite deposits. True, there is a dispute as to what is the contract rent. According to the tenant it is only Rs.300/-, while according to the landlord it is Rs.450/-. Two authorities on appreciating the evidence which came on record RCR.No.312/2011 2 concluded that the landlord's case is more probable. We are not inclined to interfere with the findings of the authorities below. 3. The revision will stand dismissed. 4. Mr.Firoz requested that reasonable time be given to the revision petitioner to deposit the arrears, so that Section 11(2) (b) order can be got vacated. We are of the opinion that, on the totality of the facts and circumstances attending on this case, the revision petitioner can be granted two months time from today. So, we grant to the revision petitioner two months from today for making requisite deposit and for invoking section 11 (2) (c) of the Act. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk