IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 RCRev..No. 309 of 2008() ------------------------ R.C.A.NO.29/2008 OF THE RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM. R.C.P.NO.35/2006 OF THE RENT CONTROL COURT, KOCHI-5. REVISION PETITONER/APPELLANT//RESPONDENT HARSHAN, AGED 58 YEARS, S/O.KITTAPPAN, MADATHINGAL HOUSE, NO.VIII/472, OLD NO.VIII/384, NAYARAMBALAM, VYPEEN. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDENTS/RESPONDENTS/PETITIONERS: -------------------- 1. JOHN @ BABY, AGED 71 YEARS, S/O.PAILY, MENACHERRY HOUSE, NARAKKAL, NOW RESIDING AT ELAVOOR, (VIA) ANGAMALY. 2. LIBY JOHN, AGED 30 YEARS, S/O.JOHN @ BABY, -DO- -DO- THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 18/12/2008 ALONG WITH RCR.NO.310/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------- R.C.R.NO.309 & 310 OF 2008 ------------------------------- Dated this the 18th day of December, 2008 O R D E R Raman,J. Both these revisions are filed by the tenants, who are faced with an order of eviction passed under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, by the Rent Control Court and affirmed by the Appellate Authority. Though the tenants filed appeals as against the order of eviction passed by the Rent Control Court, they did not deposit the admitted arrears of rent as contemplated under Section 12 of the Act. Thus, they lost the right to contest the matter. However, the court below considered the matter on merits and found that the bona fide need as alleged in the rent control petition is not liable to be interfered with, as it is supported by cogent evidence. The tenants were also held to be not entitled to the benefit of the proviso, in the absence of any evidence adduced by them. -2- R.C.R.NOS.309 & 310/2008 2. After arguing for some time, the learned counsel for the petitioner sought to withdraw the contentions, however prayed for larger time for surrendering vacant possession of the building. 3. Accordingly, accepting the prayer for withdrawing the contentions, we dismiss these revisions. However, we grant eight months' time to the petitioner for surrendering vacant possession of the building on the following conditions: i) Petitioner-tenants shall file undertaking in the form of an affidavit agreeing to surrender vacant possession of the tenanted premises within eight months and also deposit the entire arrears of rent, if any, both within a period of one month from today before the Rent Control Court. ii) They shall continue to pay the amount equivalent to the rent for use and occupation of the premises, till the vacant possession is surrendered. iii) They shall not induct any third parties to the tenanted premises. iv) On the aforesaid conditions the execution proceedings will stand deferred for a period of eight -3- R.C.R.NOS.309 & 310/2008 months. v) In case of failure to comply with the aforesaid conditions, the order of eviction passed will become enforceable forthwith. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -4- R.C.R.NOS.309 & 310/2008