IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 RCRev..No. 21 of 2009(G) ------------------------ RCA.12/2005 of ADDL.DISTRICT COURT,(RENT CONTROL APPELLATE AUTHORITY) KOTTAYAM RCP.10/1991 of THE RENT CONTROLLER (MUNSIFF )COURT, ETTUMANOOR .................... PETITIONER/ADDL.APPELLANT NO.3 -------------------------------------------------- BENOY, VETTOOR VEEDU, PADINJARUM BHAGAM, ATHIRAMPUZHA. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: RESPONDENTS 1 TO 3 ADDL.APPELLANTS 2, 4 & 5 ---------------------------------------------------------- 1. TIPSY HOTEL AND RESTAURANT, ETTUMANOOR, REPRESENTED BY MANAGING PARTNER, V.J.JOSEPH. 2. V.J.JOSEPH, S/O.JOSEPH, VECHOORATTUKALAYIL, ETTUMANOOR. 3. DEVASIA @ RAJU, S/O.JOSEPH, DO. DO. 4. KUNJUJAMMA VARGHESE, VETTOOR VEEDU, PADINJARUM BHAGAM, ETTUMANOOR VILLAGE AND POST. 5. SURESH, DO. DO. 6. ANIL MOLE, W/O.P.J.JOSE, POOVAN PUZHAKAL VEEDU, AYARKUNNAM. ADV. SRI.JIJO PAUL FOR CAVEATOR THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== R.C.R. NO. 21 OF 2009 ============================ DATED THIS THE 4TH DAY OF FEBRUARY 2009 ORDER Pius C.Kuriakose,J. We have heard Sri.Mathew John.K., learned counsel for the petitioner at length. We had the advantage of hearing Sri.Jijo Paul who had lodged a caveat on behalf of the landlords/respondents. Though Mr.Mathew John addressed us very strenuously and persuasively, we are not able to say that the order of eviction concurrently passed by the Rent Control Court and the Rent Control Appellate Authority are vitiated to the extent of warranting interference under Section 20 of the Kerala Buildings (Lease & Rent Control) Act (Act 2 of 1965) (hereinafter called 'the Act'). In this jurisdiction under Section 20 of the Act, we do not sit in appeal over the findings of the authorities below. Having gone through the judgment of the authorities below, particularly the judgment of the Rent Control RCR 21/2009 -2- Appellate Authority, which under the statutory scheme, is the final court on facts, we are of the view that the findings entered therein are founded on evidence and those findings cannot by any standards be described as unreasonable. As his last submission, Mr.Mathew John requested for one year's time to vacate the premises. He submitted that the petitioner's son is presently doing his M.C.A. and results are expected by June 2009. He is optimistic of securing an employment within a few months of the results being published. It will be practically impossible for the petitioner to find out an alternate accommodation and vacating the schedule room would mean closing down of the petitioner's business once and for all. It is necessary that the time is given till the petitioner's son secures employment so that the family can survive. Sri.Jijo Paul, learned counsel for the respondents would oppose the request tooth and nail. He submitted that the need of the petitioner, which has been found to be honest, is an urgent need and in order that the need is accomplished, it is necessary the petitioner vacates the schedule room at the earliest, at any rate RCR 21/2009 -3- within six months. Having considered the rival submissions and all circumstances attended in the case, we feel that there is a justification for granting time till 31-12-2009. Accordingly, even as we confirm the impugned orders and dismiss the revision petition, there will be a direction to the Execution Court to defer the execution proceedings on condition that the petitioner files an affidavit before the Munsiff Court, Ettumanur stating unconditionally that he will peacefully surrender the petition schedule premises to the respondents on or before 31- 12-2009 and further stating that arrears of rent, if any, will be discharged within one month and continue to pay the rent which falls due subsequently till the date he actually surrenders the building. The affidavit as directed above shall be filed within two weeks from today. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE ks. RCR 21/2009 -4- ks.