IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 RCRev..No. 267 of 2006(H) ------------------------ RCA.9/2004 of I ADDL. DISTRICT COURT, TRIVANDRUM RCP.12/2002 of MUNSIFF COURT,ATTINGAL .................... REV.PETITIONER/RESPONDENT IN APPEAL/CR.PET.IN OPRC ---------------------------------------------------------------------- R.SASIKUMAR, S/O.R.RAGHUNATHAKURUP, AGED ABOUT 40 YEARS, PLAVILA VEEDU, CHITTATTINKARA DESOM, KIZHUVILAM VILLAGE. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.ANOOP ALIAS SRI.C.K.AJAYAKUMAR SMT.M.C.SANITHA SRI.JINU JOSEPH RESPONDENT(S): RESPONDENT ------------------------- K.THANKAPPAN ACHARY, AGED 49 YEARS, S/O.LATE MR.KOLAPPAN ACHARY,VATTAVILAKATHU VEEDU, AMC,WARD II,CHITTATTINKARA DESOM, AVANAVANCHERRY VILLAGE. ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.KIRAN SANKAR THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.2223/2006 IN RCR 267/2006 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 2.6.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- R.C.R. No.267 of 2006 ---------------------------------- Dated this the 2nd day of June, 2010 O R D E R -------------- Pius C.Kuriakose,J. The tenant is in revision. Even though several serious grounds have been raised in the revision memo, Sri.P. Sanjay, learned counsel for the revision petitioner submitted that the revision petitioner will concede that there may not be justification for interference with the contours of Section 20 of the Act 2 of 1965. He submitted that it will suffice if revision petitioner is given 6 to 8 months time to surrender the petition schedule premises. 2. On going through the impugned judgment we also feel that scope for interference under Section 20 will be very limited. Accordingly the revision petition has to fail. We dismiss the revision. However, we direct the execution court not to order and effect delivery of the petition schedule premises till 31.12.2010 subject to the following conditions: Revision petitioner shall file an affidavit before the RCR.267/06 2 execution court or the Rent Control Court as the case may be within three weeks from today, undertaking to pay arrears of rent if any due in respect of the building in question within one month and undertaking to pay occupational charges at the current rent rate till he surrenders the building. It will be undertaken through the same affidavit that peaceful possession of the building will be handed over to the respondent on or before 31.12.2010. It is made clear that while paying arrears of rent as directed above the revision petitioner will have the liberty of seeking adjustment against any amount belonging to him remaining under deposit with the respondent. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb