IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 294 of 2008()
1. V.MANIKKAM, W/O. RAMASWAMY KUNHINVEETIL
... Petitioner
2. K.V. LAKSHMI, D/O. RAMASWAMY,
3. K.V. RAMAKRISHNAN, S/O. RAMASWAMY,
4. K.V. KARUNAN, S/O. RAMASWAMY,
5. K.V. MUTHULAKSHMI, D/O. RAMASWAMY,
6. K.V. KAMALAM, D/O. RAMASWAMY,
7. K.V. SARASU, D/O. RAMASWAMY,
8. K.V. SHYAMALA, D/O. RAMASWAMY, E
9. K.V. HARIDASAN, S/O. RAMASWAMY,
10. K.V. USHA, D/O. RAMASWAMY, DEVI
Vs
1. K.DHARMARAJAN, S/O. KANNAN, SALES
... Respondent
2. K.P. SREEMATHI, KALLAYANI, NEAR
3. K.P. SOMARAJAN, S/O. KANNAN, KOROTH
4. K.P. SUNDER RAJ, S/O. KANNAN, KOROTH
For Petitioner :SMT.M.M.DEEPA
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :28/11/2008
O R D E R
P.R.Raman &
T.R. Ramachandran Nair, JJ.
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R.C.R. No.294 of 2008
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Dated this the 28th day of November, 2008.
O R D E R
Raman, J.
This revision petition is filed challenging the interim order passed as
early as on 21.6.2008. As per that order, the petitioner herein who is the
tenant, is directed to pay arrears of rent on or before 28.7.2008. No
objection as such is seen filed either before or after the order. No grounds
are made out for interference. Hence, the revision petition is dismissed.
At this stage, learned counsel appearing on behalf of the revision
petitioners sought for a reasonable time to surrender vacant possession of
the petition schedule premises. In the factual circumstances and taking into
consideration the fact that the petitioners are residing in the tenanted
premises, we are inclined to grant them three months time to surrender
vacant possession of the tenanted premises on the following conditions:
i) An undertaking in the form of an affidavit shall be filed before the
executing court within a period of three weeks fro today, by the first
petitioner herein on her own behalf and on behalf of the other
petitioners herein (which affidavit shall be binding on all the
petitioners herein) undertaking to surrender vacant possession of the
RCR 294/2008 -2-
petition schedule premises on or before 28.2.2009;
ii) Arrears of rent as on today shall be deposited before the executing
court within the said period;
iii) They shall not induct any third party to the petition schedule
premises; and
iv) Three months rent in advance shall also be deposited within a
period of one month from today.
Failure to comply with any one of the above said conditions will
enable the landlord to execute the order of eviction passed forthwith.
( P.R.Raman, Judge.)
(T.R. Ramachandran Nair, Judge.)
kav/