IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 RCRev..No. 149 of 2008() ------------------------ RCA.22/2006 THE RENT CONTROL APPELLATE AUTHORITY, KOTTAYAM RCOP.38/2004 OF THE ADDL. RENT CONTROL COURT,KOTTAYAM .................... APPELLANT/COUNTER PETITIONER NO.2: --------------------------------------------------- JOSE, AGED 44, S/O.LATE LONAPPAN, COCHIN GLASS EMPORIUM, KURIANS ROAD, NEAR KALARICKAL BAZAR, KOTTAYAM, RESIDING AT ERINJERIL HOUSE, PUTHENANGADY, KOTTAYAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS: R2 TO 8 & ADDL. R9 TO 12/COUNTER PETITIONERS NO.1 & 3 TO 8: -------------------------------------------------------- 1. BABU, AGED 49, S/O.LATE LONAPPAN, GLASS TECH, KALRICKAL BAZAR, KOTTAYAM, RESIDING AT ERINCHERIL HOUSE, MUTTAMBALAM VILLAGE, DEVALOKAM, KOTTAYAM. 2. BABYCHEN, AGED ABOUT 55, S/O.LATE LONAPPAN, GLASS HOUSE, CHANGANACHERRY, RESIDING AT ERINJERY HOUSE, OPP. S.B.COLLEGE, CHANGANACHERRY. 3. GEORGE JOHN, AGED ABOUT 53, S/O.LONAPPAN, SOUTH INDIAN BANK, PATHANAMTHITTA, RESIDING AT ERINJERY HOUSE, BINDU NAGAR, NATTAKAM P.O., KOTTAYAM. 4. JOY, S/O.LONAPPAN, AGED ABOUT 51, GLASS HOUSE, THIRUVALLA, RESIDING AT ERINJERY HOUSE, ASSUMPTION COLLEGE LANE, CHANGANACHERRY. 5. GRACY, AGED ABOUT 47, W/O.JOYACHAN, NEDIYAKALAPARAMBIL, KAVAL, CHENGANACHERRY. -2- R.C.R.NO.149/2008 6. JESSY, AGED ABOUT 42, W/O.THOMAS, VETTIKATTU, PAPPAD, CHANGANACHERRY. 7. DAISY, W/O.ALEX, AGED ABOUT 38, PUSHPAMANGALAM PATTARA, MUHAMMA. 8. ALEYAMMA JOY @ ALEYKUTTY, MAMUNDAYIL HOUSE, KURIAN'S ROAD, NEAR KALARICKAL BASAR, KOTTAYAM, NOORANADU. 9. RIVY, W/O.PRAKASH PAUL, KALLITTATHIL HOUSE, NOORANADU, CHENGANNOOR. 10. KOCHUMOL, W/O.TITUS CHERIAN, KAITHATHARAYIL HOUSE, KOLLADU, PANACHIKKADU VILLAGE, KOTTAYAM. 11. KOCHUMON, S/O.LATE M.O.JOY, MAMUNDAYIL HOUSE, KURIAN'S ROAD, NEAR KALARICKAL BAZAR, KOTTAYAM. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- R.C.R.NO.149 OF 2008 -------------------------------- Dated this the 23rd day of July,2008 O R D E R Raman,J. Petitioner is the tenant, who faced with an order passed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act. The bona fide need alleged by the landlord is found proved by the Rent Control Court and confirmed in appeal. The learned counsel for the revision petitioner, after arguing for some time, seeks to withdraw his contentions. However, he prays for a reasonable time to surrender vacant possession of the tenanted premises. 2. We accept the request made by the learned counsel for the revision petitioner for withdrawing his contentions. Accordingly, the revision will stand dismissed. 3. Considering the fact that the tenanted premises is used as a godown, we think it is only appropriate to give him a reasonable -2- R.C.R.No.149/2008 time. Accordingly, The execution proceedings will stand deferred for a period of 8 months, i.e. 22/3/2009 on the following conditions: 1) The petitioner shall file an undertaking before the execution court in the form of an affidavit that he shall surrender vacant possession of the tenanted premises on or before 22/3/2009 and also deposit the entire arrears of rent, if any, within a period of three weeks from today. 2) He shall continue to pay the amount equivalent to the rent for use and occupation, until the vacant possession is surrendered. 3) He shall not induct any third parties to the tenanted premises. 4) In case he violates any of the above conditions, the order of eviction passed by the court below will become inforceable forthwith. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -3- R.C.R.No.149/2008