IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 RCRev..No. 294 of 2011() ------------------------ RCA.75/2004 of RENT CONTROL APPELLATE AUTHROITY , THRISSUR RCP.41/2001 of RENT CONTROL COURT ,THRISSUR .................... PETITIONERS(APPELLANTS - RESPONDENTS) ------------------------------- 1. THE SECRETARY,TRICHUR WHOLESALE CO-OPERATIVE CONSUMERS STORES LTD., R.239 THRISSUR 2. THE MANAGING DIRECTOR,TRICHUR WHOLESALE CO-OPERATIVE CONSUMERS STORES LTD., R.239 THRISSUR BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S)(RESPONDENTS & PETITIONERS): --------------- 1. ELSY ,AGED 75 YEARS,C/O.C.J.PRASAD, CHAMMANAM HOUSE,ST.PAULS STREET,KURICHIRA 680 006. 2. DAISY PAUL,AGED 52,W/O.LATE D.J.PAUL, C/O.K.J.FRANCIS,KOLENGADANJ HOUSE,103,CIA VELLALUR ROAD,ROSE GARDEN AVENUE,PODANUR 641 023, COIMBATORE. 3. PRIYA MOL,AGED 26 YEARS,D/O.LATE C.J.PAUL,C/O.K.J.FRANCIS,KOLENGADAJ HOUSE, 103, CIA VELLALUR ROAD,ROSE GARDEN AVENUE,PODANUR 641 023,COIMBATORE. 4. C.J.DAVIS,AGED 54 YEARS,CHAMMANAM HOUSE, ST.ANTONY'S STREET,KURIACHIRA,THRISSUR 680 006. 5. C.J.PRASAD,AGED 52 YEARS, CHAMMANAM HOUSE,ST.ANTONY'S STREET,KURIACHIRA, THRISSUR 680 006. 6. PRABHA JOHNSON,AGED 50 YEARS, NELLANGARA HOUSE,NJELLUR DESOM,KALLUR PO, ALAGAPPANAGAR,PIN 680 317. ADV.SANTHOSH P.PODUVAL THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.C.R.No.294 OF 2011 ------------------------ Dated this the 1st day of August, 2011 O R D E R Abdul Rehim, J. The Secretary of Trichur Wholesale Co-operative Consumers Stores Ltd. and its Managing Director are the revision petitioners. They are occupying a building belonging to the respondents and conducting wholesale stationery shop therein. This revision petition is filed against the concurrent orders of eviction passed by the Rent Control Court as well as the Appellate Authority, on the ground enumerated under section 11 (3) of the Kerala Buildings(Lease & Rent Control) Act 1965. 2. In the attenuated jurisdiction of this court which is revisional in nature, we could not see any legally tenable grounds to interfere with the findings arrived. Both the courts below concurrently found that, the need put forth by the landlords for own occupation of the building for the purpose of starting a stationery store for the 4th respondent, is most genuine and bonafide. Even on a quick re-appraisal of the RCR.No.294/2011 2 evidence on record, we are satisfied that the findings are supported by convincing evidences regarding genuineness of the need projected. Since we do not find any illegality, irregularity or impropriety with the concurrent findings arrived by the courts below, we are of the considered opinion that the revision petition deserves no merits and the same is liable to be dismissed. 3. confronted with the above opinion, learned counsel appearing for the revision petitioners made an appeal for granting one year period for vacating the tenanted premises. This request was stiffly opposed by Sri. Santhosh P.Poduval who has lodged a caveat on behalf of the respondents. We take note of the fact that the revision petitioners/tenants are occupying a substantial area in a commercially important locality of Trissur town, by paying only a nominal rent of Rs.300/- per mensem that too fixed long back. Hence, while considering the request for time, we are inclined to impose condition for enhancing the occupational charges. 4. Therefore, we dismiss the revision petition, but allowing the the revision petitioners/tenants time for a period of 9(nine) RCR.No.294/2011 3 months from today to vacate the petition schedule building subject to the following conditions; i). The revision petitioner will file an affidavit before the Rent Control Court or Execution Court as the case may be undertaking to handover peaceful and vacant possession of the schedule premises to the landlords within 9 months from today. ii). The revision petitioners will pay arrears of rent if any due till date and will continue to pay occupational charges from August 2011 onwards at the rate of Rs.2,000/- per month, till the date of vacating the premises. iii). The affidavit as directed above shall be filed within a period of three weeks from today. Needless to say that the benefit of time granted will be available to the revision petitioners only if the conditions incorporated herein are complied within the time stipulated. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk RCR.No.294/2011 4