IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 RCRev..No. 163 of 2009() ------------------------ RCP.13/2006 of RENT CONTROL COURT, TVM RCA.NO.35/2007 OF RENT CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM .................... REVISION PETITIONER/APPELLANT/CR.PETITIONER --------------------------------------------------------------- ANJANAKURUP,D/O.K.KARTHIKEYAKURUP, T.C.NO.25/3503,TANK ROAD,NEAR VANCHIYOOR, GOVERNMENT GIRLS HIGH SCHOOL,VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): RESPONDNET/PETITIONER ------------------------------------ N.NATARAJAN,T.C.25/2171,THYVILA ROAD, NEAR AYURVEDA COLLEGE,THIRUVANANTHAPURAM. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - R.C.R.No.163 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2009 ORDER Barkath Ali, J. Challenge in this Rent Control Revision under Section 20 of the Kerala Buildings ( Lease and Rent Control) Act 1965 is to the concurrent findings of the Rent Control Court which is confirmed by the Appellate Authority ordering eviction under Section 11(3) of the Act. 2. The respondent/landlord filed R.C.P.No.13/2006 before the Rent Control Court ( Additional Munsiff), Thiruvananthapuram seeking eviction under Section 11(3) on the ground that he bonafide requires the petition schedule building for his residence, that he has no other building of his own, that the tenant is not depending for her livelihood on the income derived from the clinical lab conducted in the petition schedule room. 3. The revision petitioner /tenant resisted the claim on the ground that the bonafide need claimed by the landlord is not genuine, RCR.No.163/2009 2 that landlord is aged over 70 years, that he is now living with his daughter and grand children , that the tenant is depending for her livelihood on the income derived from the clinical lab conducted in the petition schedule building and that no other suitable building is available in the locality to shift her business. 4. Before the Rent Control Court, the landlord was examined as PW1 and the husband of the tenant was examined as CPW1. Exts.A1 and A2 were marked on the side of the landlord. Commissioner's report was marked as Ext.C1. The Rent Control Court on an appreciation of the evidence found that the bonafide need put forward by the landlord is genuine, that the landlord has no other suitable building for his own occupation and that the tenant is not entitled to the benefits of first and second proviso to Sub Section 3 of Section 11 of the Act and ordered eviction under Sub Section 3 of Section 11 of the Act.. The Appellate Authority confirmed the said finding. Tenant has now come up in revision. 5. We have gone through the evidence adduced by the landlord and tenant before the Rent Control Court and the order of the RCR.No.163/2009 3 Rent Control Court and the judgment of the Appellate Authority. We find no ground to interfere with the concurrent findings entered by the Rent Control Court as well as the Appellate Authority. We find no illegality, irregularity or impropriety in the order of the Rent Control Court and the judgment of the Appellate Authority to invoke the revisional jurisdiction of this court under Section 20 of the Act. That being so, the revision petition has to be dismissed. 6. Sri.M.Sreekumar, learned counsel for the revision petitioner requested for one year's time to surrender the building. Taking into consideration the fact that the tenant is conducting a clinical lab in the petition schedule building, which she has to shift to some other place, we feel that time upto 31/01/2010 can be granted to the revision petitioner to surrender possession of the building on the following conditions ; 1) The revision petitioner shall file an affidavit before the execution court agreeing to surrender peaceful possession of the petition schedule building to the landlord on or before RCR.No.163/2009 4 31/01/2010. On receipt of the said affidavit, the execution court shall defer the delivery to 01/02/2010. 2) The tenant shall pay arrears of rent upto date to the landlord within one month from this date and future rent as and when the same falls due till the date of surrender, failing which, the tenant will not be entitled to the benefit of the time granted by this order. The Revision Petition is dismissed with the above directions. In the circumstances, parties shall bear their own costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. RCR.No.163/2009 5