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 11TH JULY 2011 / 20TH ASHADHA 1933 RCRev..No. 271 of 2011() ------------------------ RCA.129/2008 of RENT CONTROL APPELLATE AUTHORITY , VADAKARA RCP.20/2007 of RENT CONTROL COURT, NADAPURAM .................... REVISION PETITIONER(APPELLANT IN RCA/1ST RESPONDENT IN RCP -------------------- KOVUMMAL RAVEENDRAN, S/O.SUBRAMANIYAN, AGED 54 YEARS, MECHANIC, ELAYADTH HOUSE, PANTHEERANKAVU AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, KERALA STATE. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): (RESPONDENTS IN RCA/PETITIONER & R2 TO R6 IN RCP) --------------- 1. ANGADIPURATH NARAYANI,D/O.KUNHAPPAN, AGED 64 YEARS, KOMATHTHAZHAKUNI ENNA, KULLACHI HOUSE, KUTTIPURAM AMSOM, DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. 2. SUDHISH KILIYANATTUMMAL, AGED 36 YEARS, MECHANIC,CALICUT MOTOR WORKS, KALLACHI, KUTTIPURAM AMSOM, DESOM,VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. 3. RAMESH AYOLI, AGED 39 YEARS, S/O.KRISHNAN, NARIPPATTA, MECHANIC,CALICUT MOTOR WORKS, KALLACHI,KUTTIPURAM AMSOM, DESOM,VATAKARA TALUK,KOZHIKODE DISTRICT-673 101. 4. MOOLEKANDIYIL RAVEENDRAN, AGED 49, CHEEKKONNU,MECHANIC,CALICUT MOTOR WORKS, KALLACHI,KUTTIPURAM AMSOM,DESOM, VATAKARA TALUK. KOZHIKODE DISTRICT-673 101. 5. PILAKOTTU THAZHA KUNI RAVEENDRAN, S/O.KUMARAN, AGED 59 YEARS, MECHANIC, CALICUT MOTOR WORKS,KALLACHI,KUTTIPURAM AMSOM, DESOM,VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. 6. PARAYAMVEETTIL CHANDRAN, S/O.CHOYICHAN, AGED 68 YEARS, MECHANIC, KUNNAMANGLAM AMSOM, DESOM KOZHIKODE DISTRICT-673 101. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- R.C.R.No.271 of 2011 ------------------------------------------- Dated this the 21st day of October, 2011 O R D E R --------------- Pius C. Kuriakose, J. We dismiss the RCR confirming the eviction order passed by the Rent Control Appellate Authority on the grounds of arrears of rent. We issued notice to the respondents only for determining the extent of time to be given to the petitioner for surrendering the premises. Notice we issued in view of the request of Mr.Jayesh Mohankumar that two years' time be granted. Today also, Mr.Jayesh Mohankumar repeated the same request. His request is opposed very stiffly by Mr.R.K. Muraleedharan, learned counsel for the respondents/landlord. According to Mr.Muraleedharan, the revision petitioner is not in occupation of the building at all. It is the sub lessee who is in occupation of the building. He also submitted that the arrears of rent has been found to be due and after the Rent Control Petition was instituted nothing was paid by the revision petitioner. Hence even if this court is inclined to grant time, the same may be subject to stringent conditions. 2. Having considered the submissions addressed at the bar we are inclined to grant to the revision petitioner time till RCR.271/11 -2- 31.10.2012 to surrender the premises subject to the following conditions: (1) With effect from 1.11.2011 the revision petitioner shall pay occupational charges to the respondents at the rate of Rs.250/- per mensem. (2) The revision petitioner shall discharge the entire arrears of rent found by the Rent Control Court to be due from him within a period of two months from today and shall pay the arrears of rent which fell due after filing of Rent Control Petition till date within a period of another two months from that day. (3) The revision petitioner shall file an affidavit incorporating his assurance to surrender the building on or before 31.10.2012 and to pay the amounts as ordered above within one month from today. We make it clear that he will get the time as allowed above only if he files affidavit on time and honours the undertakings therein. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb The figure 'Rs.250/-' occurring in condition No.1 at page 2 of the order dated 21-10-22011 in RCR No.271/11 is substituted as 'Rs.1250/-', vide order dated 7.2.2012 in RP No.48/12 in R.C.R No.271/11. (Sd/-) Registrar (Judicial)