IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 RCRev..No. 201 of 2009(B) ------------------------ RCA.109/2007 of II ADDL. DISTRICT COURT/II ADDL. DISTRICT COUR, KOZHIKODE RCP.35/2006 of PRL.M.C.-I, KOZHIKODE .................... REVISION PETITIONER/APPELLANT/RESPONDENT ------------------------------------------------------------ M/S.GABRIEL ENGINEERING WORKS, REP.BY ITS MANAGING PARTNER, OLD COURT ROAD, DOOR NO.4/1622, MOONALINGAL, OPP.TAJ RESIDENCY, CALICUT-32, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.SRINATH GIRISH RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------------------- P.P.KUNHAMMED KOYA, AGED 68, S/O.P.I, ALI KOYA HAJI, RESIDING AT "STRAIES", 11/81,ARAVIND GOSH ROAD, CALICUT -1, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. SRI.S.A.SAJU THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ R. C. R. No.201 of 2009 ------------------------------------------------ Dated this the 22nd day of September, 2009 ORDER Pius C. Kuriakose, J Sri.S.A.Saju enters appearance on behalf of the respondent/landlord. We have heard both Sri.Srinath Girish, the learned counsel for the petitioner and Sri.Saju. As already indicated in our order dt.15/09/09, there is no warrant at all for invocation of the revisional jurisdiction of this Court under Section 20 for interfering with the concurrent finding entered by the Rent Control Court and the Appellate Authority that there is justification for passing an order of eviction under Section 11(3). 2. Sri.Srinath Girish, the learned counsel for the petitioner sought for eighteen months' time in view of the circumstances which attend on this case. R. C. R. No.201 of 2009 -2- According to Sri.Saju, granting so much of time is unreasonable. He, however, would very fairly agree that up to a maximum one year's time can be granted. Therefore, we dispose of this RCR in the following terms:- 1) The order of eviction passed concurrently by the Rent Control Court and the Appellate Authority is confirmed. The revision petitioner is granted time till 30th September, 2010 for surrender subject to the following conditions:- a) The revision petitioner shall file an affidavit before the execution court within three weeks from today undertaking to give peaceful surrender of the petition schedule premises to the respondent on or before 30th September, 2010. It will also be undertaken through the same affidavit that arrears of rent, if any, will be discharged within one month and R. C. R. No.201 of 2009 -3- that occupational charges at the rates equal to the current rent rate will also be paid to the respondent promptly and regularly as and when the same falls due till such time as surrender is given. Once the affidavit as directed above is noticed by the execution court that court will adjourn the execution petition to 30/09/2010 or to the next working day. 3. The RCR is dismissed subject to the above conditions. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-