IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 112 of 2008()
1. S.H. ABDHULKHADER, S/O. SYED HASSAN,
... Petitioner
Vs
1. MANIKKOTH EZHUNGAL NAZEERA,
... Respondent
For Petitioner :SRI.C.A.JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
Dated :16/06/2008
O R D E R
P.R. RAMAN &
T.R. RAMACHANDRAN NAIR, JJ.
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R.C.R. NO. 112 of 2008
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DATED THIS, THE 16TH DAY OF JUNE, 2008.
J U D G M E N T
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/-