IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 3 of 2010()
1. K.GOPINATHAN, (OWNER OF KALA STUDIO,
... Petitioner
Vs
1. MUHAMMEDKUTTY, S/O.DECEASED CHEKKUTTY
... Respondent
2. KOYA, RESIDING AT -DO-.
3. NABEESSA UMMA, RESIDING AT -DO-.
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :05/01/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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R.C.R.No. 3 OF 2010
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Dated this the 5 day of January, 2010
th
O R D E R
C.K.Abdul Rehim, J.
The tenant is in revision petition against the concurrent
findings of eviction ordered under Section 11(3). The first
petitioner before the Rent Control Court, who is a retired Drugs
Controller, wanted to start a laboratory in the schedule premises.
Hence, eviction is sought for on the basis of bona fide need for
own occupation under Section 11(3) of the Kerala Buildings
(Lease and Rent Control) Act (for short the ‘Act’). Both the
courts concurrently found that the need urged by the landlord is
genuine and bona fide. In spite of vehement arguments
advanced by the learned counsel appearing for the
petitioner/tenant we do not find any illegality, irregularity or
impropriety with respect to the conclusions arrived at by the
courts below. There is no manifest misappreciation of the
evidence on record. Hence, we are not inclined to admit this
revision petition. However, lastly the learned counsel for the
revision petitioner sought indulgence of this court by granting
one year’s time for vacating the premises on the reason that he
WPC.No.3/2010 2
has to find out alternate place for shifting of the business
conducted in the schedule premises.
2. Having considered the facts and circumstances of the
case, we are inclined to grant time for vacating the premises till
31/7/2010. Therefore, by dismissing the revision petition, the
revision petitioner/tenant is directed to handover peaceful and
vacant possession of the schedule premises to the landlord on or
before 31/7/2010. The Executing Court is directed to defer
ordering delivery of the possession of the schedule room till
1/8/2010 provided the revision petitioner files an affidavit
undertaking to handover vacant possession of the premises on
or before 31/7/2010 and on further condition of his paying the
arrears of rent, if any, due and shall continue payment of
occupational charges at the current rent rate till the date of
vacating the schedule premises. The affidavit as directed above
shall be filed within a period of three weeks from today.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk