IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 RCRev..No. 154 of 2009() ------------------------ RCA.26/2004 of ADDL.SESSN.COURT (ADHOC-II)KASARAGOD RCP.31/2003 of PRL.MUNSIFF, KASARAGOD .................... PETITIONER/APPELLANT/RESPONDENT IN RCP --------------------------------------------------- K.A.VASU, S/O.KORAGA, ANEBAGILU, KASARAGOD. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENT(S): RESPONDENTS/PETITIONERS IN RCP --------------- 1. HARINAKSHI D/O LATE ANANDA RAO ANANDA NILAYAM NULLIPPADY, KASARAGOD 2. SUJATHA D/O LATE ANANDA RAO ANANDA NILAYAM NULLIPPADY, KASARAGOD 3. SHAILAJA D/O LATE ANANDA RAO ANANDA NILAYAM NULLIPPADY, KASARAGOD 4. SATHYA ANASUYA D/O LATE ANANDA RAO ANANDA NILAYAM NULLIPPADY, KASARAGOD THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - R.C.R.No.154 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2009 ORDER Barkath Ali, J. In this revision under Section 20 of the Kerala Buildings (Lease and Rent Control) Act 1965, the defeated tenant challenges the concurrent findings of the Rent Control Court and the Appellate Authority ordering eviction under Section 11(4)(ii) and 11(4)(iii) of the Rent Control Act which is confirmed by the appellate authority. 2. The tenant filed the Rent Control Petition 31/2003 before the Rent Control Court, Kasargod claiming eviction under Sections 11(2), 11(3), 11(4)(ii) and 11(4)(iii) of the Rent Control Act alleging that the rent is in arrears from May 1996 onwards, that landlords bonafide require the petition schedule building for the occupation of the second petitioner in the rent control petition to conduct a tailoring shop, that the tenant caused damage to the building reducing its value and utility and that the tenant has his own building in Kasargod which is reasonably sufficient for conducting his business. 3. The tenant resisted the claim on the ground that there is no RCR.No.154/09 2 arrears of rent, that the bonafide need urged by the landlords is not genuine, that he did not cause any damage to the building and that he is not in possession of any other building in that locaity. PWs 1 to 3 were examined and Exts.A1 to A6 were produced by the landlords before the rent control court. The tenant examined himself as RW1 and produced Ext.B1 to B6. The Commissioner's report was marked as Ext.C1. The Rent Control Court on an appreciation of evidence found that the rent is in arrears from 30-05-1996 at the rate of Rs. 700/- per month, that the tenant has caused damage to the building and also that he was in possession of another building which is reasonably sufficient for his occupation. The rent control court also found that the bonafide need urged by the landlords is genuine and that the tenant is not entitled to the protection under the Second proviso to Sub Section 3 of Section 11 and ordered eviction on all grounds. The appellate authority confirmed the said finding, but found that the rate of rent is Rs. 450/- per month. 4. We have gone through the evidence adduced by both sides before the Rent Control Court and the judgment of the Appellate Authority. We find no reason to interfere with the said findings of both the courts below to invoke our revisional jurisdiction under Section 20 of the Kerala Buildings ( Lease and Rent Control) Act 1965. That being so, this revision RCR.No.154/09 3 petition has to be dismissed. 5. Sri.V.V.Asokan, learned counsel for the revision petitioner submits that the tenant may be granted six month's time to vacate the premises. The tenant is conducting Tyre Resoling business in the petition schedule building. Taking into account this aspect, we feel that time upto 31/12/2009 can be granted to the tenant/revision petitioner to surrender the premises on the following conditions : 1) The revision petitioner shall file an affidavit before the Rent Control Court undertaking to surrender peaceful possession of the petition schedule building on or before 31/12/2009. On receipt of the said affidavit, the execution court shall adjourn the E.P. to 01/01/2010. 2) The petitioner shall pay the arrears of rent as ordered by the Appellate Authority upto the date of surrender, failing which, the benefit of time granted by this order will not be available for the tenant. In the result, the revision petition is dismissed with the above directions. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. RCR.No.154/09 4