IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 RCRev..No. 212 of 2009() ------------------------ RCA.47/2006 of D.C & SESSIONS COURT,TRIVANDRUM RCP.3/2005 of I ADDL.M.C.,TRIVANDRUM .................... REVISION PETITIONER/APPELLANT/COUNTER PETITIONER ------------------------------------------------- SULTHAN KANNU MOHAMMED ABDUL KHADER SAHIB, RESIDING AT T.C.49/664, KALIPPANKULAM ROAD, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENT(S)/RESPONDENT/PETITIONER: --------------- S.HALEEMA BAI, D/O.SHAMEEM BAI, RESIDING AT T.C.39/352, CHALAI, THIRUVANANTHAPURAM. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ R.C.R.No.212 OF 2009 ------------------------ Dated this the 9th day of September, 2009 ORDER Surendra Mohan, J. This is a tenant's revision filed challenging the concurrent findings of the Rent Control Court and the Rent Control Appellate Authority ordering eviction under Section 11(3) and 11(4)(iii) of the Kerala Buildings (Lease & Rent Control) Act (Hereinafter referred to as ”the Act” for short). 2. We have heard the counsel for the revision petitioner in detail. We are not able to find any illegality, impropriety or irregularity vitiating the concurrent findings of the Authorities below. Hence, we confirm the findings of the Authorities below. 3. As his last submission, the counsel for the revision petitioner prays for the grant of some time to surrender peaceful possession of the petition schedule building to the respondent. Though a request for the grant of one year's time was made, we feel that there is no justification for granting so RCR.No.212/2009 2 much of time. 4. In the facts and circumstances of the case, we are inclined to grant time till 31/3/2010 subject to the following conditions; i). The tenant shall file an affidavit before the Execution Court or the Rent Control Court, as the case may be, undertaking to give peaceful surrender of the petition schedule building to the respondent on or before 31/3/2010, within a period of three weeks from today. ii). On such affidavit being filed, the tenant shall be granted time for vacating the premises upto 31/3/2010. iii). The tenant shall pay up all arrears of rent, if any, due in respect of the petition schedule building and shall also pay occupational charges at the current rent rate regularly till he actually RCR.No.212/2009 3 surrenders vacant possession of the premises. If the tenant fails to comply with any of the above conditions, the the Execution Court shall be free to execute the order of eviction passed in this case. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk