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 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 RCRev..No. 294 of 2008() ------------------------ I.A.NO.268/2007 IN RCA NO.72/2005 OF RENT CONTROL APPELLATE AUTHORITY (DISTRICT COURT) THALASSERY. .................... PETITIONERS (S): RESPONDENTS/APPLICANTS. -------------------- 1. V.MANIKKAM, W/O. RAMASWAMY KUNHINVEETIL NEAR C.S.I. CHURCH, ELAYAVOOR AMSOM CHOVVA DESOM, KANNUR. 2. K.V. LAKSHMI, D/O. RAMASWAMY, KUNHINVEETIL, NEAR C.S.I. CHURCH, ELAYAVOOR AMSOM CHOVVA DESOM, KANNUR. 3. K.V. RAMAKRISHNAN, S/O. RAMASWAMY, SHAIJU NIVAS, MUTTOLAM PARA, P.O. ATTADAPPA, KANNUR -6. 4. K.V. KARUNAN, S/O. RAMASWAMY, REVATHI NIVAS, NEAR RAMINA TAILORS, P.O. THAZHE CHOVVA, KANNUR -16. 5. K.V. MUTHULAKSHMI, D/O. RAMASWAMY, REVATHI NIVAS, NEAR RAMINA TAILORS, P.O. THAZHE CHOVVA, KANNUR -16. 6. K.V. KAMALAM, D/O. RAMASWAMY, KUNHINVEETTIL HOUSE, NEAR C.S.I CHURCH, CHOVVA, KANNUR. 7. K.V. SARASU, D/O. RAMASWAMY, C/O. RAJAN, POYYIL HOUSE, P.O. KAPPAD, KANNUR. 8. K.V. SHYAMALA, D/O. RAMASWAMY, E KUNHINVEETIL, NEAR C.S.I. CHURCH, ELAYAVOOR AMSOM, CHOVVA DESOM, KANNUR. 9. K.V. HARIDASAN, S/O. RAMASWAMY, KUNHINVEETIL NEAR C.S.I. CHURCH, ELAYAVOOR AMSOM, CHOVVA DESOM,KANNUR. 10. K.V. USHA, D/O. RAMASWAMY, DEVI KRIPA, NEAR PADIYIL KULAM, PO. KOTTALI, KANNUR. BY ADV. SMT.M.M.DEEPA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): PETITIONERS/RESPONDENTS. --------------- 1. K.DHARMARAJAN, S/O. KANNAN, SALES MAN, KOROTH HOUSE, NEAR C.S.I. CHURCH, ELAYAVOOR AMSOM, CHOVVA DESOM, 2. K.P. SREEMATHI, KALLAYANI, NEAR C.S.I. CHURCH, CHOVVA P.O., KANNUR -6. 3. K.P. SOMARAJAN, S/O. KANNAN, KOROTH HOUSE, NEAR C.S.I. CHURCH,ALAYAVOOR AMSOM, CHOVVA DESOM, 4. K.P. SUNDER RAJ, S/O. KANNAN, KOROTH HOUSE, ELAYAVOOR AMSOM, CHOVVA DESOM. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.2700/2007 DISMISSED. 28/11/2008 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.294 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of November, 2008. O R D E R Raman, J. This revision petition is filed challenging the interim order passed as early as on 21.6.2008. As per that order, the petitioner herein who is the tenant, is directed to pay arrears of rent on or before 28.7.2008. No objection as such is seen filed either before or after the order. No grounds are made out for interference. Hence, the revision petition is dismissed. At this stage, learned counsel appearing on behalf of the revision petitioners sought for a reasonable time to surrender vacant possession of the petition schedule premises. In the factual circumstances and taking into consideration the fact that the petitioners are residing in the tenanted premises, we are inclined to grant them three months time to surrender vacant possession of the tenanted premises on the following conditions: i) An undertaking in the form of an affidavit shall be filed before the executing court within a period of three weeks fro today, by the first petitioner herein on her own behalf and on behalf of the other petitioners herein (which affidavit shall be binding on all the petitioners herein) undertaking to surrender vacant possession of the RCR 294/2008 -2- petition schedule premises on or before 28.2.2009; ii) Arrears of rent as on today shall be deposited before the executing court within the said period; iii) They shall not induct any third party to the petition schedule premises; and iv) Three months rent in advance shall also be deposited within a period of one month from today. Failure to comply with any one of the above said conditions will enable the landlord to execute the order of eviction passed forthwith. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/