IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 RCRev..No. 270 of 2011(E) ------------------------ RCA.33/2008 of I ADDL. DISTRICT COURT, THIRUVANANTHAPURAM RCP.74/2006 of RENT CONTROL COURT, THIRUVANANTHAPURAM .................... REVISION PETITIONERS/RESPONDENTS 1 & 5/COUNTER PETITIONERS 1&5 ----------------------------------- 1. U.M. NARAYANANKUTTY, PARTNER, S/O. C.K. KESAVAN NAIR, M/S. ORIENT OFFSET, TC 4/657, SREEVILAS LANE, KOWDIAR.P.O., THIRUVANANTHAPURAM. 2. M/S. ORIENT OFFSET, GROUND FLOOR, TC 25/3249, RAJ MAHAL BUILDING, CHIRAKULAM ROAD, THIRUVANANTHAPURAM, REP. BY ITS PARTNER, U.M.NARAYANAKUTTY. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): APPELLANT & RESPONDENTS 2 TO 4/PETITIONER & COUNTER PETITIONERS 2 TO 4 ---------------------------------------------- 1. THE KERALA HOTEL & RESTAURANT ASSOCIATION, HAVING ITS REGISTERED OFFICE AT H.NO. 38/2162, K.H.R.A. BHAVAN, M.G.ROAD,ERNAKULAM REPRESENTED BY ITS SECRETARY BABU K. NAIR, RES. AT KEERTHI BHAVAN, KUMARAPURAM, THIRUVANANTHAPURAM-695565. 2. N. SUKUMARAN NAIR, PARTNER, M/S. ORIENT OFFSET, AGED 61, S/O. NARAYANA PILLAI, JANAKI VILAS, PALACE ROAD, ATTINGAL-695101. 3. U.N. SREEKANTAN, PARTNER, M/S. ORIENT OFFSET, AGED 49, S/O. NARAYANA PILLAI, JOJ'S VAILOOR JUNCTION, KALLAMBALAM, THIRUVANANTHAPURAM-695605. (...2) RCR.270/11 (2) 4. A. SREEKANTAN NAIR, PARTNER, M/S. ORIENT OFFSET, AGED 46, S/O. ACHUTHAN PILLAI, SREESARAN, TC 49/290,KAMALESWARAM THIRUVANANTHAPURAM-695023. ADV. SRI.S.SANTHOSH KUMAR (K.K.HOUSE) FOR R2-3 SRI.D.SAJEEV FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- R.C.R. No.270 of 2011 ------------------------------------------- Dated this the 18th day of October, 2011 O R D E R --------------- Pius C. Kuriakose, J. Under challenge in this revision filed by the tenant under Section 20 is the judgment of the Rent Control Appellate Authority confirming the order of eviction concurrently passed by the Rent Control Court under Section 11(2)(b). Eventhough various apparently attractive grounds have been raised by Mr.M. Ramaswamy Pillai, learned counsel for the revision petitioners, who addressed submissions based on all those grounds, having gone through the impugned judgment and having appreciated the submissions of Sri.Ramaswamy Pillai we are of the view that no warrant is made out for interference with the judgment of the appellate authority. After all, the eviction order passed by the appellate authority is under Section 11(2)(b). It is well known that orders passed under Section 11(2)(b) are only tentative orders and are liable to be vacated under Section 11(2)(c). Though we informed Sri.Ramaswamy Pillai that warrant for interference with the judgment of the appellate authority is not there, he requested that the petitioners may be permitted to RCR.270/11 -2- adjust the amounts, which they have deposited with the landlord by way of security, against the rent in arrears. But we are not in a position to accept the above request either, as the petitioner wants to continue in possession of the building. Mr.Ramaswamy Pillai further requested to us that a fairly long time be given to the petitioner to invoke Section 11(2)(c). Eventhough learned counsel for respondents opposed granting to the petitioner anything more than the normal period of one month, we feel that the totality of the circumstances which attend on this petition justifies granting of petitioners 3 months time from today for invoking Section 11(2)(c). 2. Result of the above discussion is as follows: R.C.R. is dismissed confirming the order of eviction passed under Section 11(2)(b). Petitioners will have 3 months time from today to invoke Section 11(2)(c) and get the order passed under Section 11(2)(b) vacated by the Rent Control Court. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb