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 18TH JULY 2008 / 27TH ASHADHA 1930 RCRev..No. 158 of 2008() ------------------------ RCA.102/2005 of II ADDL.DISTRICT COURT,ERNAKULAM RCP.174/2004 of III ADDL.M.C.EKM (RENT CONTROL) .................... : REVISION PETITIONER/APPELLANT/RESPONDENT:- ----------------------------------------------------------- SRI. VASANTH GORDHAN DAS, AGED 56, S/O GORDHAN DAS MAVJI PATEL, C.C. DOOR NO. XL/1007, OPPO, BHARATHIYA VIDHYABHAVAN, T.D. ROAD, ERNAKULAM, KOCHI -35. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- SMT. SARUMA BAI AGED 62, W/O LATE SULAIMAN PATEL, RESIDING AT C.C. DOOR NO. 14/99A, CHULLIKKAL, KOCHI -5. BY ADV. SMT.R.RANJINI THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - R.C.R. No.158 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2008. JUDGMENT Raman, J. The defeated tenant in a Rent Control proceedings initiated by the landlord, is the revision petitioner. Eviction was sought for under Sections 11(2)(b) and 11(3) of the Act which was allowed by the Rent Control Court and confirmed by the Appellate Authority, against which the present revision is filed. 2. After arguing the matter for some time, learned counsel appearing for the petitioner sought to withdraw all his contentions raised in this revision petition and prayed for a larger time for surrendering vacant possession of the tenanted premises. Since the respondent has already filed a caveat, we heard both sides. 3. The Rent Control Petition stands dismissed, as the contentions are withdrawn by the revision petitioner. Considering the fact that the tenant is continuing share business in the tenanted premises and considering the submission made by the learned counsel that some time is required to recover the amounts due to him from the parties, we think, he should be RCR 158/2008 -2- given a reasonable time. Accordingly, we direct that the execution of order of eviction passed by the court below will stand deferred for a period of 10 months till 18.5.2009 on the following conditions: i) That the petitioner shall give an unconditional undertaking in the form of an affidavit before the execution court agreeing to surrender vacant possession of the premises on or before 18.5.2009 and such undertaking shall be given within a period of three weeks from today. ii) That he shall also deposit the entire arrears of rent, if any, less whatever that has been deposited within the aforesaid period of three weeks before the Execution Court. iii) That he shall not induct any third party into the premises. iv) That he shall continue to pay the amount equivalent to the monthly rent for use and occupation, until vacant possession of the premises is surrendered to the landlord. In case of failure to comply with any of the aforesaid conditions the RCR 158/2008 -3- order of eviction passed by the authorities below shall become enforceable forthwith. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/