IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 RCRev..No. 110 of 2008() ------------------------ RCA.121/2006 of ADDL.DISTRICT COURT, KOZHIKODE RCP.72/2004 of ADDL.M.C.,KOZHIKODE-II .................... REVISION PETITIONER/APPELLANT/RESPONDENT: ----------------------------------------- MULIYOLI USSAIN, S/O. BEERAN, AGED 58 YEARS, 21/3986, BENZ HOTEL, P.O. GOVT.ARTS AND SCIENCE COLLEGE, KOZHIKODE-673 018, PANNIYANKARA AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. DR.K.B.MUHAMED KUTTY (SR.) SMT.M.SHAJNA RESPONDENTS: RESPONDENT/PETITIONER: ----------------------------------- K. SUDHEESH, S/O. KRISHNANKUTTY, AGED 47 YEARS, KOMMADATH HOUSE, P.O. ARAKKINAR, NADUVATTAM AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. SRI.C.P.MOHAMMED NIAS THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RCRev..No. 110 of 2008() ORDER ON I.A.NO.1092/2008 IN R.C.R.NO.110/2008 DISMISSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 09/07/2008 \\TRUE COPY// P.A to Judge P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ R.C.R.No.110 of 2008-B ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 9th day of July, 2008 O R D E R RAMAN, J. The petitioner is a tenant of a building who is faced with an order of eviction passed under Section 11(2)(b) and S.11(3) of the Kerala Building (Lease and Rent Control) Act. The landlord is an Advocate who sought eviction of the tenanted premises for his bona fide need for starting his office. 2. After arguing for some time, learned counsel appearing for the petitioner fairly submitted that he may be given reasonable time to surrender vacant possession of the building and he is withdrawing his contentions raised in this petition. We put this suggestion to other side and after hearing both sides, we accept the submission made by the learned counsel. Accordingly, the Rent Control Petition is dismissed as withdrawn. However, the execution of the order of eviction passed by the court below will stand deferred till 31/03/2009 on the following conditions:- i. That the petitioner herein shall file an undertaking in the form of an affidavit before the Execution Court agreeing to surrender vacant possession of the premises on or before 31/03/2009 and such undertaking shall be given within a period of three weeks from today. R.C.R.NO.110/2008 -:2:- ii. That he shall also deposit the entire arrears of rent as on date within the aforesaid period of three weeks before the Execution Court. iii.That he shall not induct any third party into the premises. iv.That he shall continue to pay the amount equivalent to the monthly rent for use and occupation, until vacant possession of the premises is surrendered to the landlord. In case the tenant fails to comply with any of the aforesaid conditions, the order of eviction passed by the authorities below shall become enforceable forthwith. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms