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 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 RCRev..No. 311 of 2008(Y) ------------------------- (S): REVISION PETITIONER/APPELLANT/RESPONDENT ------------------------------------------------------------ PURUSHOTHAMAN, AGED 77, S/O.KESAVAN, MANALIPARAMBIL HOUSE, MUTTINAKAM KARA, VARAPUZHA VILLAGE, PARAVUR TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S): PETITIONER ------------------------- SIMON, S/O.VARKEY, VITHAYATHIL HOUSE, MANNAMTHURUTHU KARA, VARAPUZHA VILLAGE, PARAVUR TALUK. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A. NO.2836/2008 DISMISSED. 19.12.2008 SD/- P.R. RAMAN, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - R.C.R. No.311 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008. JUDGMENT Raman, J. The tenant is the revision petitioner. Eviction was ordered under Sections 11(2)(b) and 11(8) of the Kerala Buildings (Lease & Rent Control) Act, 1965 which was confirmed in appeal. After arguing for some time, learned counsel for the petitioner sought to withdraw the contentions, however, pleaded for more time to surrender vacant possession of the building. Since the petitioner is conducting a barber shop in the tenanted premises, it will cause great hardship to him in case delivery is taken immediately and it is only appropriate in the interest of justice, to grant him a reasonable time to find out an alternate accommodation. In the result, while dismissing the revision petition we grant six months' time to the petitioner herein to give vacant possession of the building on the following conditions: i) The petitioner shall file an undertaking in the form of an affidavit before the executing court within a period of one month from today, undertaking to surrender vacant possession of the petition schedule RCR 311/2008 -2- premises on or before 1.7.2009; and also remit the arrears of rent, if any, within the said period; ii) The petitioner shall continue to pay an amount equivalent to the rent towards the use and occupation of the premises until vacant possession is given; iii) The petitioner shall not induct any third party to the petition schedule premises. In case the petitioner complies with the above conditions, the execution proceedings will stand deferred till 1.7.2009 and in case he fails to comply with any of the above conditions, it is open to the respondent to proceed with the execution. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/