IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 49 of 2009()
1. THANKAPPAN, S/O. SANKARAN,
... Petitioner
Vs
1. VASUDEVAN UNNI,
... Respondent
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent :SRI.M.GOPIKRISHNAN NAMBIAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :28/08/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
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R.C.R.No.49, 51 & 52 OF 2009
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Dated this the 28th day of August, 2009
ORDER
K.Surendra Mohan, J.
The tenants have filed this revision challenging concurrent
orders of eviction passed by the Rent Control Court and the Rent
Control Appellate Authority. The orders of eviction have been
granted finding that the ground under Section 11(3) put forward
by the landlord had been established. It is the said orders that
are challenged in these revisions.
2. Sri.Santhosh P.Poduval, learned counsel appearing for
the tenants and Sri. Gopikrishnan Nambiar, learned counsel
appearing for the landlord, have addressed us elaborately on the
various points at issue. After having heard the matter at
considerable length, we suggested to the counsel that the matter
be settled amicably among themselves. Accordingly, the parties
have come to a mutual settlement of their disputes. As directed
by us, the tenants have also filed separate affidavits in these
revisions withdrawing their contentions in these cases. As per
the terms of the settlement between the parties, the counsel for
RCR.No.49,51,52/2009 2
the landlord has handed over three cheques for an amount of
Rs.1,00,000/- each in favour of each of the tenants as shifting
charges. The tenants have prayed for a reasonable time to
surrender vacant possession of the tenanted premises after
shifting of their articles. The tenant in RCR 51/2009 is
conducting an engineering workshop in the petition schedule
premises, which requires the issue of a licence by the Thrissur
Corporation. Therefore, he has prayed for a slightly longer period
of time for shifting his workshop.
3. Having considered the matter, we dispose of these Rent
Control Revision Petitions with the following directions;
i)). The Rent Control Petitions are dismissed confirming the
orders of eviction passed by the authorities below.
ii). The tenants in RCR Nos. 49/2009 and 52/2009 are
granted time till 30.11.2009 to surrender vacant possession of
the tenanted premises to the landlord. The tenant in RCR
No.51/2009 is granted time up to 15/1/2010 to vacate the
premises.
Iii).The tenants shall file separate affidavits undertaking to
surrender vacant possession of the petitions schedule premises
RCR.No.49,51,52/2009 3
occupied by them on or before the dates mentioned above before
the Execution Court on or before 9/9/2009.
iv). The tenant in RCR No.51/2009 shall make an
application for licence for shifting his workshop to the new
premises before 15/9/2009. If such an application is made, the
Secretary, Thrissur Corporation(additional 2nd respondent) shall
consider the same expeditiously and pass final orders thereon as
expeditiously as possible at any rate before 15/10/2009.
iv). The tenants shall continue to pay monthly rent at the
contracted rates without default, till they surrender vacant
possession of the premises to the landlord.
PIUS C.KURIAKOSE,JUDGE
K.SURENDRA MOHAN, JUDGE
dpk