IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 RCRev..No.186 of 2009 (B) ------------------------------ R.C.P.118/2003 OF ADDL. RENT CONTROL COURT (ADDL. MUNSIFF), KANNUR RCA.136/2004 of ADDL.DISTRICT COURT (ADHOC)-III, THALASSERY .................... PETITIONER/APPELLANT/RESPONDENT ------------------------------------------- CHIRAKKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHIRAKKAL GRAMA PANCHAYATH OFFICE, P.O.CHIRAKKAL, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA SRI.JIMMY.N.JOSEPH RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------------------- T.JAYALAXMI, W/O. T.KRISHNAN(LATE), AGED 74 YEARS, PRESANNALAYAM, P.O.CHIRAKKAL, KANNUR-11. THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 01/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ C.M.A. 1076/2009 & R.C.R.No.186 OF 2009 ------------------------ Dated this the 1st day of October, 2009 O R D E R Pius C.Kuriakose, J. The application for condonation of delay will stand allowed subject to the condition that the petitioner will pay a sum of Rs.300/-(Rupees Three Hundred only) to the Kerala Mediation Centre within 10 days from today and produce receipt. The learned counsel for the petitioner submits that the amount will be readily paid to the Mediation Centre. We accept the above submission of the learned counsel and consider the RCR for admission and disposal. 2. Heard both sides. Having regard to the submissions addressed and having scanned the judgment of the Rent Control Appellate Authority, which was passed in conformity with the order passed by the Rent Control Court, we are of the view that there is no warrant for interfering under the revisional jurisdiction of this court under Section 20 . We do not find any irregularity, illegality and impropriety in the order of eviction RCR.No.186/2009 2 passed by the Rent Control Court and confirmed by the Appellate Authority. However, in deference to the last plea of the learned counsel for the revision petitioner, we are inclined to grant time to the revision petitioner till 30th November 2009 to vacate the premises subject to the following conditions; i). The revision petitioner shall discharge arrears of rent, if any, which has fallen due in respect of the building including the rent which falls due till 30/11/2009 within one month from today to the respondent landlady. ii). The petitioner shall also file an affidavit before the Execution Court undertaking to give peaceful surrender of the petition schedule building to the respondent on or before 30th November 2009. Once the Execution Court notices the affidavit, that court will adjourn the Execution Petition to the first week of December 2009. RCR.No.186/2009 3 iii). Affidavit as directed above shall be filed within 15 days from today. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk