IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 RCRev..No. 144 of 2011() ------------------------ RCA.10/2007 of RENT CONTROL APPELLATE AUTHORITY, THALASSERY RCP.263/2004 of RENT CONTROL COURT, THALASSERY .................... REVISION PETITIONER/APPELLANTS/RESPONDENTS --------------------------------------- 1. T.C.ABDUL RASHEED, S/O.ABOOTTY, AGED 41 YEARS, EDAKKAD AMSOM & DESOM, KUTTIPARAMBATH HOUSE, KARUVATTOOR VILLAGE, PARAMBIL P.O., KOZHIKODE DIST. 2. P.K.ABDUL AZEEZ, S/O.PAKKAR KUTTY HAJEE, EDAKKAD AMSOM & DESOM, KUTTIPARAMBATH HOUSE, KARUVATTOOR VILLAGE, PARAMBIL P.O., KOZHIKODE DIST. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S)/RESPONDENTS/: PETITIONER ------------------------- 1. MALIYAKKAL USMANKUTTY, S/O.MOOSA HAJEE, AGED 65 YEARS, MOOSA MANZIL, THALASSERY AMSOM & VATIKKAKAM DESOM, THALASSERY (PO).670642 2. KUNIYIL NELLIKKA ABDUL NAZAR, S/O.K.N.PAKKI HAJEE, AGED 47 YEARS, RAMLA MANZIL, PERINGATHUR AMSOM & DESOM, PERINGATHUR (PO).670642 ADV. SRI.T.P.SAJID SRI.C.KHALID FOR R1 & R2 SRI.T.P.SAJID FOR R1 & R2 THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ R.C.R.No.144 OF 2011 ------------------------ Dated this the 26th day of May, 2011 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed by the tenant and the alleged sub tenant under Section 20 of Act 2 of 1965 is the judgment of the Rent Control Appellate Authority confirming the order of eviction passed against them by the Rent Control Court on the ground of sub letting. In fact, the landlords had invoked the grounds of arrears of rent, bona fide need for own occupation and bona fide need for additional accommodation also. However, after enquiry, the Rent Control Court ordered eviction only on the ground of sub letting. The order declining eviction on the other grounds has attained finality and therefore, we need have to be concerned only with the correctness of the eviction order passed on the ground of sub letting. RCR.No.144/2011 2 2. Sri.M.P.Jayanandan, representing Sri.K.V.Pavithran learned counsel for the revision petitioners addressed strenuous arguments before us on the basis of those grounds. Sri.C.Khalid learned counsel for the respondents/landlords resisted all the submissions of Mr.Jayanandan. According to Mr.Khalid, there is no warrant for invocation of the revisional jurisdiction of this court under Section 20 as there is no illegality, irregularity or impropriety about the findings concurrently entered by the two statutory authorities. 3. Having anxiously considered the rival submissions addressed at the Bar and having scanned the judgment of the Appellate Authority and the order of the Rent Control Court and keeping in mind the para meters applicable for exercise of the revisional jurisdiction under Section 20, it is clear to our mind that there is no warrant for invocation of the revisional jurisdiction against the judgment of the Appellate Authority. We notice that the finding that there has been an objectionable sub letting has been entered by the statutory authorities on the basis of legal evidence actually available on record. The revision necessarily has to fail and will stand dismissed without any order RCR.No.144/2011 3 as to costs. 4. As a last submission, Sri.Jayanandan requested that at least one year's time be granted to the revision petitioners for surrendering the premises. This request is opposed by Sri.Khalid. According to him, there is no justification for granting anything more than four or five months' time. Considering the above submission, we feel that the revision petitioners can be granted time till 28/2/2012 subject to certain conditions. Accordingly, it is ordered as follows; i). The order of eviction passed by the Appellate Authority on the ground of sub letting is confirmed. ii). The Execution Court is directed to keep in abeyance proceedings for delivery till 28/2/2012 subject to the following conditions; Both the revision petitioners will file affidavits before the Execution Court or the Rent Control Court, as the case may be, within one month from today undertaking to give peaceful surrender of the building to the first respondent on or before 28/2/2012 and undertaking further that entire arrears of rent due as on date will be discharged within one month and RCR.No.144/2011 4 occupational charges at the existing rate will also be paid without fail. We make it clear that the revision petitioners will get benefit of time as allowed above, only if they file affidavits and honour the undertaking therein. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk