IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 RCRev..No. 49 of 2011() ----------------------- RCA.57/2007 of RENT CONTROL APPELLATE AUTHORITY ,KOTTAYAM RCP.21/2006 of PRL.M.C., KOTTAYAM .................... PETITIONER/APPELLANT/COUNTER PETITIONER ----------------------------------------------------------- RAGHUNATHAN @ RAGHU,MRITHYUMJAYA AYURVEDA MEDICAL CENTRE,MANIKUNNAM,VELOOR KARA, VELOOR.P.O,KOTTAYAM. BY ADV. SMT.A.SREEKALA RESPONDENT(S): PETITIONER ------------------------- K.M.SHAHAN,AGED 30 YEARS, S/O.HAJI MUHAMMAD KUTTY,SHINEST VELOOR KARA, VELOOR VILLAGE,KOTTAYAM. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ R.C.R.No. 49 OF 2011 ------------------------ Dated this the 28th day of January, 2011 O R D E R Balakrishnan, J. There is a long delay of 214 days in re-presenting this revision. This revision is directed against the order of eviction passed under Section 11(3). The learned counsel for the revision petitioner has addressed arguments at length. We are not inclined to condone the delay in re-presenting the matter. We are also not persuaded by the arguments addressed by the learned counsel for the revision petitioner challenging the concurrent finding entered by the Courts below. Hence, the RCR must fail. The learned counsel for the petitioner made a fervent request to show indulgence to the tenant granting time to vacate the petition schedule building. We are inclined to grant 9 months' time to the revision petitioner/tenant to vacate the petitions schedule building. 2. The result therefore is as follows; i). The revision petition is dismissed. RCR.No.49/2011 2 ii). The revision petitioner is granted 9 months time on condition that he files an affidavit before the Rent Control Court/Executing Court within three weeks from today undertaking that he will surrender the vacant peaceful possession of the petition schedule building within nine months from today and undertaking further through the same affidavit that arrears of rent due as on date will be paid within one month from today and occupation charges at the current rent rate will be paid as and when the same falls due. We clarify that the tenant will get the benefits of time allowed as above only if affidavit as directed above is filed and the undertakings therein are complied with. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk