IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 CRP.No.1030 of 2003(B) ------------------------------- RCA.96/1999 of RENT CONTROL APPELLATE AUTHORITY & II ADDL. DISTRICT JUDGE, KOZHIKODE RCP.72/1998 of MUNSIFF COURT(RENT CONTROL), VADAKARA .................... REVN. PETITIONER(S): APPELLANT IN RCA/RESPONDENT IN RCP - TENANT: ------------------------------------------------------------------------------ MOOCHILOT THAZHA KUNIYIL PRABHAKARAN, S/O. CHATHU NAMBIAR, AGED 41 YEARS, BUSINESS, VADAKARA AMSOM, DESOM AND TALUK. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): RESPONDENTS IN RCA/PETITIONERS IN RCP - LANDLORDS: ----------------------------------------------------------------- 1. MOTTEMMAL SANKARAN, S/O. KRISHNAN, AGED 53 YEARS, SWASTHAM, CHORODE AMSOM, CHENNAMANGALAM DESOM, VADAKARA TALUK. 2. CHERIYANDIYIL KUMARAN, S/O. KANARAN, AGED 51 YEARS, BUSINESS, MUTTUNGAL AMSOM AND DESOM VATAKARA TALUK. 3. ETHILKUNNATH PREMAN, S/O. CHATHU, AGED 50 YEARS, TAILOR, MUTTUNGAL AMSOM AND DESOM, VADAKARA TALUK. ADV. SRI.C.VALSALAN SMT.THUSHARA.V THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON C.M.P. NO.2446/03 IN CRP. NO.1030/03 DISMISSED. SD/- SD/- PCK (J) PQB(J) 11/06/09 /TRUE COPY/ P.A. TO JUDGE PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ C. R. P. No.1030 of 2003 ------------------------------------------------ Dated this the 11th day of June, 2009 ORDER Barkath Ali, J This revision is filed by the tenant challenging the order of eviction passed by the Rent Control Court under Section 11(2)(b) and 11(4)(v) of the Act which is confirmed by the appellate authority. 2. The landlord filed Rent Control Petition before the Rent Control Court seeking eviction under Section 11(2)(b), 11(3) and 11(4)(v) of the Act on the ground of bona fide need of the landlord, arrears of rent and cessation of occupation of the building by the tenant continuously for a period of six months prior to the date of filing of the Rent Control Petition. 3. Before the Rent Control Court, PW1/landlord C. R. P. No.1030 of 2003 -2- and PW2 were examined. Exts.A1 to A5 were marked on his side. The tenant was examined as RW1 and on his side Exts.B1 to B5 were marked. The report of the Commissioner was marked as Ext.C1. 4. The Rent Control Court on an appreciation of evidence, disallowed the claim for eviction under Section 11(3) of the Act, but ordered eviction under Section 11(2)(b) and 11(4)(v) of the Act. On appeal, the Appellate Authority set aside the order of eviction under Section 11(2)(b) of the Act, but confirmed the order of eviction passed under Section 11(4)(v) of the Act. The tenant has come up in this revision. 5. The only question which arises for consideration is whether the order of eviction under Section 11(4)(v) of the Act passed by the Rent Controller which is confirmed by the appellate C. R. P. No.1030 of 2003 -3- authority is liable to be set aside. 6. We have gone through the evidence adduced by both parties before the Rent Control Court and the judgment of the Appellate Authority. We are of the view that the landlord has succeeded in proving that the tenant has ceased to occupy the petition schedule building continuously for a period of six months immediately prior to the filing of the Rent Control Petition. We find no ground to interfere with the concurrent findings of both the courts below. Accordingly, we dismiss this C.R.P. 7. Finally, Counsel appearing for the revision petitioner/tenant sought for time to vacate the premises. In the circumstances of the case, we feel that time till 30th September, 2009 can be granted to the tenant to vacate the premises on the following C. R. P. No.1030 of 2003 -4- conditions:- 1) The tenant shall file an affidavit before the Rent Control Court within three weeks from today stating that he will surrender possession of the petition schedule building on or before 30th September, 2009. 2) The tenant shall deposit the entire arrears of rent up to date before the Rent Control Court. 8. It is made clear that if the tenant fails to comply with the above directions, he will not be entitled to the benefit of time granted by this order. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-