IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 RCRev..No. 49 of 2009() ----------------------- RCA.91/2004 of DISTRICT COURT, THRISSUR RCP.37/2001 of PRL.MUNSIFF COURT,THRISSUR .................... REVISION PETITIONER/RESPONDENT/RESPONDENT: -------------------- THANKAPPAN, S/O. SANKARAN, PALLISSERY HOUSE, CHELAKOTTUKARA, CHIYYARAM VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT(S)/RESPONDENT/PETITIONER: --------------- VASUDEVAN UNNI, S/O. ASTAMOORTHY NAMBOODHIRI, HOUSE NO. XLX/115, POOTHOLE P.O., THRISSUR. ADV. SRI.M.GOPIKRISHNAN NAMBIAR FOR R1 SRI.R.RAMDAS THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 28/08/2009, ALONG WITH RCR NO. 51 OF 2009 & CONNECTED CASE THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ R.C.R.No.49, 51 & 52 OF 2009 ------------------------ Dated this the 28th day of August, 2009 ORDER K.Surendra Mohan, J. The tenants have filed this revision challenging concurrent orders of eviction passed by the Rent Control Court and the Rent Control Appellate Authority. The orders of eviction have been granted finding that the ground under Section 11(3) put forward by the landlord had been established. It is the said orders that are challenged in these revisions. 2. Sri.Santhosh P.Poduval, learned counsel appearing for the tenants and Sri. Gopikrishnan Nambiar, learned counsel appearing for the landlord, have addressed us elaborately on the various points at issue. After having heard the matter at considerable length, we suggested to the counsel that the matter be settled amicably among themselves. Accordingly, the parties have come to a mutual settlement of their disputes. As directed by us, the tenants have also filed separate affidavits in these revisions withdrawing their contentions in these cases. As per the terms of the settlement between the parties, the counsel for RCR.No.49,51,52/2009 2 the landlord has handed over three cheques for an amount of Rs.1,00,000/- each in favour of each of the tenants as shifting charges. The tenants have prayed for a reasonable time to surrender vacant possession of the tenanted premises after shifting of their articles. The tenant in RCR 51/2009 is conducting an engineering workshop in the petition schedule premises, which requires the issue of a licence by the Thrissur Corporation. Therefore, he has prayed for a slightly longer period of time for shifting his workshop. 3. Having considered the matter, we dispose of these Rent Control Revision Petitions with the following directions; i)). The Rent Control Petitions are dismissed confirming the orders of eviction passed by the authorities below. ii). The tenants in RCR Nos. 49/2009 and 52/2009 are granted time till 30.11.2009 to surrender vacant possession of the tenanted premises to the landlord. The tenant in RCR No.51/2009 is granted time up to 15/1/2010 to vacate the premises. Iii).The tenants shall file separate affidavits undertaking to surrender vacant possession of the petitions schedule premises RCR.No.49,51,52/2009 3 occupied by them on or before the dates mentioned above before the Execution Court on or before 9/9/2009. iv). The tenant in RCR No.51/2009 shall make an application for licence for shifting his workshop to the new premises before 15/9/2009. If such an application is made, the Secretary, Thrissur Corporation(additional 2nd respondent) shall consider the same expeditiously and pass final orders thereon as expeditiously as possible at any rate before 15/10/2009. iv). The tenants shall continue to pay monthly rent at the contracted rates without default, till they surrender vacant possession of the premises to the landlord. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk