IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 RCRev..No. 53 of 2008() ----------------------- RCA.18/2006 of II ADDL. DISTRICT COURT/RCAA, KOLLAM RCOP.9/2004 of MUNSIFF COURT/RCC, KARUNAGAPPALLY .................... REVISION PETITIONERS/APPELLANTS 1 TO 6/CR.PETITIONERS 1 TO 6 ------------------------------------- 1. RAJAN, MUKKADAYIL HOUSE MARU NORTH, ALUMKADAVU POST KARUNAGAPPALLY. 2. MADHAVAN MUKKADATHARAYIL (ARUVELIMEKKU THARAYIL) MARU NORTH OF DO..DO... 3. UDAYAKUMAR, OF DO...DO.. 4. YASODHARAN, KALEECKAL HOUSE MARU NORTH, OF DO...DO... 5. GANGA PRASAD, OF DO..DO... 6. LALITHA,KUTTITHARAYIL MARU NORTH, OF DO..DO.. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS/RESPONDENTS & 7TH APPELLANT/PETITIONER & CR.PETR NOS.7 &8.: ------------- 1. RAJAN, S/O.VASU, VIPIN NIVAS, MARU NORTH, ALUMKADAVU POST KARUNAGAPPALLY. 2. BHASKARAN SHIJU BHAVAN,MARU NORTH OF DO..DO... 3. RAJENDRAN KARAMOOTTIL HOUSE, MARU NORTH OF DO..DO... THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- R.C.R. NO. 53 OF 2008 ----------------------------------------- Dated 28th February, 2008. ORDER Balakrishnan Nair, J. The tenants are the revision petitioners. They challenge the orders of the courts below, granting eviction under Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, for reconstruction of the petition schedule building. After hearing the revision for some time, the learned counsel for the revision petitioners brought to our notice the difficulties faced by the tenants, especially, the 6th revision petitioner, who is running a ration shop in the said building. She has difficulties in finding a place for locating that shop and further the location of the shop is subject to various trammels imposed by the Civil Supplies Department, it is pointed out. Since the building is required for reconstruction, if time is granted generously, that will cause serious prejudice to both sides ultimately. But, having regard to the facts of the case, we order that revision petitioners 1 to 5 shall be granted three months' time from today and the 6th revision RCR 53/2008 2 petitioner shall be granted six months' time from today, to vacate the building. This direction is issued subject to the condition that the petitioners file an unconditional undertaking withdrawing their contentions before the execution court within three weeks from today. They shall pay the arrears of rent, if any, within one month from today. The rent due for every month shall be paid promptly till the tenanted premises are vacated. Subject to the above directions, the Rent Control Revision is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/