IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 RCRev..No. 139 of 2008() ------------------------ RCA.26/2006 of I ADDL.DISTRICT COURT, ERNAKULAM RCP.86/2004 of III ADDL.M.C.EKM (RENT CONTROL) .................... REVISION PETITIONERS/APPELLANTS/RESPONDENTS: ----------------------------------- 1. TAMIL NADU HANDLOOM WEAVERS SOCIETY LIMITED, REGISTERED OFFICE ,350-PATHEOM ROAD EGNORE, MADRAS-8. 2. THE REGIONAL MANAGER, CO-OPTEX REGIONAL OFFICE, KENSON BUILDING, IST AND 2ND FLOOR SHANMUGHOM ROAD, ERNAKULAM, KOCHI-31. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.S.SMITHA RESPONDENT/RESPONDENT/PETITIONER: ------------- MATHEWS BROTHERS FINANCE & INVESTMENTS (P) LIMITED DOOR NO.CC 40/954,HOTEL AIR LINES BUILDINGS M.G.ROAD, KOCHI-11, REPRESENTED BY THE MANAGING DIRECOR, M.K.SURESH,AGED 44 YEARS, S/O.LATE M.K.KOCHU KURU,MOLAYIL HOUSE,AZHAKOM P.O. BY ADV. SRI.T.M.ABDUL LATHEEF SMT.MIJI JOHN THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- R.C.R.NO.139 OF 2008 -------------------------------- Dated this the 21st day of July, 2008 O R D E R Raman,J. In continuation of our order dated 27/6/2008 the first floor and second floor of the building are vacated. A memo to that effect is filed. Key is also handed over to the learned counsel appearing for the respondent and the above facts are recorded. Learned counsel appearing for the petitioner seeks to withdraw the contention raised in this R.C.R. and seeks for more time for vacating the ground floor. After hearing both sides, the RCR stands dismissed. 2. However, taking into consideration of the fact that the petitioner has vacated the first floor and second floor and he also seeks to withdraw the contention raised in the RCR, we think it is only just and proper to give him a reasonable time to surrender vacant possession of the ground floor where at present he carries on -2- R.C.R.No.139/2008 the business in textiles. 3. Accordingly, we grant time for surrendering vacant possession of the ground floor of the tenanted premises till 15th of April, 2009. The execution proceedings will stand deferred till then 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 ground floor of the building on or before 15th April, 2009, and also pay the entire arrears of rent, if any, within three weeks from today. 2) He shall also continue to pay the amount equivalent to the rent by way of compensation for use and occupation, till actual 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 forthwith become inforceable. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.