IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 RCRev..No. 109 of 2009() ------------------------ RCP.69/2001 of DISTRICT COURT, THRISSUR RCA.53/2004 of MUNSIFF COURT,CHAVAKKAD .................... REVISION PETITIONER/APPELLANT/RESPONDENT ------------------------------------------------------------ BHASKARAN,AGED 73 YEARS, S/O.THALIKULAM THATTAN RAMAN,VIYYUR VILLAGE, DESOM,THRISSUR THALUK. BY ADV. SRI.RAJIT RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------ MUHAMMADALI,AGED 54 YEARS, S/O.SANTHIPURATH POKKAKKILATH HYDROSEKUTTY, THALIKULAM DESOM,CHAVAKKAD THALUK,THRISSUR. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ R.C.R.No.109 OF 2009 ------------------------ Dated this the 11th day of June, 2009 ORDER Pius C.Kuriakose, J. It is fairly conceded by Sri.Rajith, learned counsel for the revision petitioner, that this court has already dismissed the revision petition preferred by the tenants in the cases, which were decided along with the present case by the rent control court and the appellate authority granting, five months time to vacate. 2. Having gone through the judgment of the appellate authority, which under the statutory scheme is the final court on facts, and also the grounds raised in the memorandum of revision, we do not find any warrant for invoking the revisional jurisdiction for correcting the appellate authority's judgment. 3. The RCR will stand dismissed. However, the revision petitioner is given five months time from today for giving peaceful surrender of the premises to the respondent subject to the following conditions; i). The revision petitioner will file an RCR.No. No109/2009 2 affidavit before the execution court or the rent control court, as the case may be, stating that he will unconditionally surrender possession of the petition schedule building to the respondent landlord by 30th November 2009 and that he will discharge the arrears of rent, if any and will continue to pay occupational charges at the current rent rates till he surrenders the building as and when the same falls due. ii). Affidavit as directed above shall be filed within three weeks. The revision petitioner will become eligible for the benefit of time granted under this judgment only if affidavit is filed on time. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk