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 16TH JUNE 2008 / 26TH JYAISHTA 1930 RCRev..No. 112 OF 2008() ------------------------ RCA.165/2003 OF THE RENT CONTROL APPELLATE AUTHORITY, THALASSERY RCP.45/2002 OF THE RENT CONTROL COURT, THALIPARAMBA REVISION PETITIONER/APPELLANT/RESPONDENT --------------------------------------------------------- S.H. ABDHULKHADER, S/O. SYED HASSAN, BUSINESS, 50 YEARS, TALIPARAMBA VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT: RESPONDENT/PETITIONER --------------------------------------------- MANIKKOTH EZHUNGAL NAZEERA, W/O. ASSINAR, AGED 29 YEARS, RESIDING AT EZHAM MILE, TALIPARAMBA TALUK, KANNUR DISTRICT. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = R.C.R. NO. 112 of 2008 = = = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF JUNE, 2008. O R D E R Raman, J. Petitioner is a tenant who is faced with an order of eviction. Eviction was ordered under Sections 11(2) a & b and 11(3) of the Kerala Building (Lease and Rent Control) Act which was confirmed in appeal. Challenging the said concurrent findings, this revision is preferred by the tenant. 2. Being a concurrent finding of fact and after going through the records, we find that a case is not made up for admission of the appeal. The learned counsel appearing on behalf of the revision petitioner sought to withdraw the contentions raised in the revision petition; however, sought six months' time to surrender vacant possession of the petition schedule premises. 3. The tenant is stated to be conducting a business in silver ornaments in the tenanted premises and thus, there is a running business conducted. In such circumstances, the eviction proceedings pending before the court below will stand deferred for a period of six months and the RCR 112/2008 :2: revision petitioner is granted six months time to surrender vacant possession of the tenanted premises on the following conditions: (i) The revision petitioner/tenant shall file an undertaking in the form of an affidavit before the executing court within a period of three weeks from today agreeing to surrender vacant possession of the tenanted premises on or before the expiry of six months from today. (ii) If there is any arrears of rent, the tenant shall deposit the same before the executing court within the aforesaid period of three weeks from today and continue to pay an amount equivalent to the rent payable till vacant possession is given. (iii). He shall not induct anybody in the tenanted premises till such time vacant possession is given to the landlord. In case the revision petitioner fails to comply with any one of the conditions as stated above, he shall lose the benefit of this order and the respondent/landlord will be entitled to move the executing court for execution of the decree. The revision petition is dismissed subject to the above observations. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-