IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 220 of 2010()
1. ISMAIL, AGED ABOUT 57 YEARS,
... Petitioner
Vs
1. MRS.P.M.NABEESA, AGED 59 YEARS,
... Respondent
For Petitioner :SRI.K.N.CHANDRABABU
For Respondent :SRI.SABU GEORGE
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :12/03/2010
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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R. P. No.220 of 2010 in
R. C. R. No.255 of 2008
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Dated this the 12th day of March, 2010
ORDER
Pius C. Kuriakose, J
We allow the R.P. to the extent of
substituting the last para (para 6) in our judgment
by the following paragraph:-
We, therefore, are in agreement with the
authorities below that the need for additional
accommodation projected by the petitioner is a
bona fide one. The result is that the RCR is
dismissed. The Appellate Authority has not
specifically considered the question of
comparative advantages and hardships. But, we
notice that no proper pleadings in this context is
R. P. No.220 of 2010 -2-
raised by the tenant. We have re-appreciated the
evidence. We find that the advantages which the
landlady may gain by getting the order of eviction
will outweigh the hardships to be sustained by the
tenant because of the order of eviction. Since we
are deciding the issue of the tenant’s eligibility for
protection of the proviso to sub section 10 of
section 11 i.e. the question of comparative
advantages and hardships ourselves instead of
remitting the matter back to the Appellate
Authority for entering a specific finding, we feel
that an unusually long period can be granted to
the revision petitioner/tenant for surrendering the
premises. Hence, we are inclined to grant time till
31st July, 2010. However, such time will be
R. P. No.220 of 2010 -3-
granted only subject to the following conditions:-
1) The entire arrears of rent as alleged in the
Rent Control Petition inclusive of the rent due up
to date shall be paid by the revision petitioner
within two months.
2) Occupational charges at the current rent
rate should also be paid till date of actual
surrender as and when the same falls due.
3) An affidavit incorporating the undertaking
to surrender the premises on 31/07/10 will be
filed by the revision petitioner on or before
25/03/10.
It is clarified that unless affidavit as directed
above is filed the revision petitioner will not be
entitled for benefit of time granted as above.
R. P. No.220 of 2010 -4-
R.P is allowed to the extent of modifying the
judgment as above.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-