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 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29285 of 2008(J) -------------------------- RCRP.4/2008 of I ADDL.DISTRICT COURT, ERNAKULAM RCP.14/1986 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- V.K.MUHAMMED, S/O.KOYA ALI, 75 YEARS R/AT.VADAKKETHIL VEEDU, NEAR CHAKOLA COLONY, PANDIT KARUPPAN ROAD, ERNAKULAM, KOCHI-15. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN RESPONDENT(S): --------------- ANNA JOHN CHAKOLA @ SUMA JOHN CHAKOLA, 60 YEARS, PARIJATHAM HOUSE, NJALAKAM, THRIKKAKARA, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.29285 of 2008-J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 3rd day of October, 2008 J U D G M E N T J U D G M E N T RAMAN, J. Landlord sought eviction of the tenant by filing Rent Control Petition sometimes in the year 1986. But still he could not take delivery of the tenanted premises even after the lapse of 22 years. The order of eviction was passed in the year 1990 and that has become final. 2. In the execution stage, the tenant raised an objection that the present decree holder who sought eviction of the tenant from the property has not proved valid title. According to him, the present decree holder has not produced the alleged Will executed by the deceased original decree holder in the case and, that there were no rooms available in the locality to shift his hotel. He also prayed six months time for vacating the premises. He sought to stay all further proceedings in E.P.No.165/2008 in R.C.P.No.14/1986. The court below granted stay for one week and ordered notice. The respondent on appearance sought time for filing counter affidavit, which was granted. Thereafter, after hearing both sides court below vacated the W.P.(C).NO.29285/2008 -:2:- stay. The order extracted in the writ petition is as follows:- “29/9/2008 The RCP was decreed on 29/03/1990. Appeal filed as 111/90 dismissed and Revision Petition No.1495/94 was also dismissed on 18/06/2002. Till this date the tenant has not vacated the premises. Hence, E.P. was filed to get delivery of possession of the premises. I do not find any justifiable reason to stay the entire proceeding in the E.P. So this petition is dismissed.” 3. We have gone through the above order and we find that while the court vacated the stay it has also given its reasons. We find that the discretion has been exercised properly. The court below found in the factual situation that there is no reason to continue the stay. We also find that the court below was justified in vacating the stay. In such circumstances, we find no justifiable reasons to interfere with the order of the court below. 4. However, learned counsel for the petitioner submitted that the certified copy of the order passed in the stay petition may be directed to be given. But he has extracted the order in his writ petition and we have considered and find that the order is perfectly valid. However, for statistical process, a copy may be issued to him. W.P.(C).NO.29285/2008 -:3:- 5. At this stage, the learned counsel for the petitioner sought for some time to give vacant possession of the tenanted premises contending that he is running a hotel business in the tenanted premises for the past several years and all of a sudden to shift therefrom will cause undue hardship to him. In the aforesaid circumstances, we direct that in case an undertaking in the form of an affidavit is filed agreeing to vacate the premises on or before 03/11/2008, by the petitioner tomorrow itself, the delivery may be deferred till 03/11/2008. However, he has to discharge the arrears of rent, if any, and also deposit one months rent in advance along with the affidavit. Since the delivery is posted today, operative portion of the judgment may be issued urgently. The writ petition is disposed of as above. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms