IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 RCRev..No. 322 of 2008() ------------------------ RCA.19/2006 of ADDL.RENT CONTROL APPELLATE AUTHORITY,KOTTAYAM RCP.5/2004 of MUNSIFF'S COURT, CHANGANACHERRY .................... REVISION PETITIONERS/APPELLANTS/CR.PETITIONERS ------------------------------------------------------------------ 1. POTHEN M.THOMAS, AGED 65 YEARS, MUKKATTU HOUSE, MADAPPALLY MURI AND VILLAGE, CHANGANACHERRY, NADACKPADAMM P.O. 2. POTHEN JOSEPH, AGED 69 YEARS, MUKKATTU HOUSE, PERUMPANACHY, MADAPPALLY VILLAGE,CHANGANACHERRY. 3. SAJU JOSEPH, AGED 44 YEARS, MUKKATTU HOUSE, PERUMPANACHY, MADAPPALLY VILLAGE,CHANGANACHERRY. 4. MATHEW J.MUKKADAN, AGED 34 YEARS, MUKKADAN HOUSE, PERUMPANACHY, MADAPPALLY VILLAGE,CHANGANACHERRY. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------------------- DEVASIA JOSE, AGED 55 YEARS, ELAPPUNKAL HOUSE, PERUNNA MURI AND P.O. CHANGANACHERRY VILLAGE. ADV. DR.SEBASTIAN CHAMPAPPILLY SRI.M.P.RAJU SMT.ANNIE GEORGE THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & M.C.HARI RANI, JJ. -------------------------------------------------- R.C.R.No.322 OF 2008 ----------------------------------------------------- DATED THIS THE 2nd DAY OF FEBRUARY, 2009 O R D E R PIUS C.KURIAKOSE, J. Vide order dated 8.1.2009, this Court posted this case to 20.1.2009, for deciding the question of granting time to the petitioner to vacate the premises, after finding that no case is made out under Section 20 of Act 2 of 1965 for interfering with the order of eviction passed concurrently under Section 11(3) of Act 2 of 1965. 2. Heard both sides. Adv.Mr.Raghunath requested that at least 1½ years' time be given, lest the revision petitioner should not be able to recover the substantial amounts which are due to him on account of credit sales made. Mr.Sebastian Chempapilly, counsel appearing for the respondent-landlord opposed the request with teeth and nail. 3. Having heard the submissions on both sides and having regard to the circumstances attending in the case, we feel that there is a justification for granting nine months time, subject to certain conditions. Accordingly, even as we confirm the order passed by the Rent Control Appellate Authority and R.C.R.No.322/08 -2- dismiss the R.C.R, there will be a direction to the execution court to defer execution and delivery of the petition schedule premises till 3.11.2009, subject to the following conditions. 4. The first revision petitioner will file an affidavit on his behalf as well as on behalf of the other revision petitioners stating that he and his fellow revision petitioners will give peaceful surrender of the petition schedule building to the respondent on or before 2.11.2009. Through the affidavit, he will also undertake that arrears of rent, if any, and the rent which falls due till the date of actual surrender will be paid without fail. Such an affidavit will be filed within 10 days from today. If the execution court (Munsiff's Court, Changanassery), notices the filing of such an affidavit on time, that court will adjourn the E.P. to 04.11.2009. PIUS C.KURIAKOSE, JUDGE. M.C.HARI RANI, JUDGE. dsn