IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 RCRev..No. 260 of 2008() ------------------------ RCA.NO.8/08 OF THE RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM RCP.144/2006 OF THE RENT CONTROL COURT , ERNAKULAM .................... REVISION PETITIONER/APPELLANT/RESPONDENT: ---------------------------------- DR.P.R.VASANTHY, 52 YEARS, W/O.PUTHEN KANDATHIL SURENDRAN PADIVATTOM KARA, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.P.S.USUPH SRI.P.U.ZIYAD RESPONDENTS/RESPONDENT/PETITIONER: --------------------- GIRIJA CHANDRAN, 63 YEARS, RESIDING AT KARIYIL VEETIL, LISSIE HOSPITAL ROAD THRIKANAVATTOM DESOM, ERNAKULAM. ADV. SRI BALAGOPAL SRI.A.BALAGOPALAN SRI.R.RAJESH THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.2378/2008 IN R.C.R.NO.260/288 ----- Dismissed Sd/- P.R.RAMAN, JUDGE. 14/11/2008 Sd/- T.R.RAMACHANDRAN NAIR, JUDGE. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- R.C.R.NO.260 OF 2008 -------------------------------- Dated this the 14th day of November, 2008 O R D E R Raman,J. Petitioner is the tenant, who is faced with an order of eviction passed by the Rent Control Court and affirmed by the Appellate Authority under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act on the ground of bona fide need. The learned Senior Counsel appearing for the petitioner at the time of hearing sought to withdraw his contentions and pleaded that the tenant (petitioner) may be given reasonable time till June, 2009 to give vacant possession of the building and also for a direction to deposit the balance advance amount within a reasonable time, so that he could withdraw the same for making alternative arrangements to obtain an accommodation. 2. In the facts and circumstances of the case and after hearing both sides, the revision stands dismissed. However, we grant time -2- R.C.R.No.260/2008 to the petitioner till 30th June, 2009 to give vacant possession of the premises on condition that the tenant will give an undertaking in the form of an affidavit before the execution court agreeing to surrender vacant possession of the building on or before 30th June, 2009. On the aforesaid condition the execution proceedings will stand deferred till 30th June, 2009 and in case there is any failure to comply with the above condition by the tenant, the order of eviction passed will become enforceable forthwith. 3.The landlord shall be entitled to deduct the amount of compensation payable for use and occupation of the building till 30th June, 2009, (equivalent to 8 months' rent) from out of the advance amount of Rs.1,20,000/- held by her and the balance amount shall be paid to the tenant within a period of three months from today. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.