IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 173 of 2009()
1. A.S.VELAYUDHAN, RESIDING AT
... Petitioner
Vs
1. C.M.NARAYANA KURUP, RESIDING AT
... Respondent
For Petitioner :SRI.ABRAHAM GEORGE JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :07/09/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
------------------------
R.C.R.No.173 OF 2009
------------------------
Dated this the 7thday of September, 2009
ORDER
Pius C.Kuriakose, J.
The tenant is in revision and we have heard the submissions
of Sri. A .Geoge Jacob, learned counsel for the revision petitioner
and Sri. M.P.Madhavan Kutty, learned counsel for the respondent.
Even though Sri.George Jacob has addressed us very strenuously
and persuasively on the various grounds raised in this
memorandum of revision assailing order of eviction passed
against the revision petitioner, we are not persuaded to hold
that the order of the Rent Control Court, which was confirmed by
the Rent Control Appellate Authority, is vitiated to the extent of
warranting invocation of the revisional jurisdiction of this court
under Section 20 of Act 2 of 1965. We do not find any illegality,
irregularity or impropriety justifying interference in revision.
2. As his last submission, Sri.George Jacob requested that
atleast one year’s time be given to the revision petitioner, who is
a barber, for surrendering the premises. This request is very
stiffly opposed by Sri.Madhavan Kutty. However, having regard
RCR .No.173/2009 2
to the facts and circumstances of this case, we feel that there is
justification for granting time to the revision petitioner till
30/6/2010 for surrendering the premises subject to certain
conditions. Accordingly, the RCR is decided in the following
terms;
1). We dismiss the RCR confirming the eviction order
passed by the Rent Control Court and the Appellate
Authority.
2). The Execution Court is directed not to order or
effect delivery of the petition schedule building in favour
of the respondent landlord subject to the following
conditions;
i). The revision petitioner shall file an
affidavit before the Execution Court
undertaking to give peaceful surrender of
the petition schedule building to the
respondent landlord on or before
30/6/2010 and undertaking further to
discharge the entire arrears of rent, which is
due in respect of the petition schedule
RCR .No.173/2009 3
building, within one month and also to pay
occupational charges at the current rate
rates till actual surrender of the building is
given to the respondent.
ii). Affidavit as directed above shall be
filed within three weeks from today. The
revision petitioner will become eligible for
the benefit of time granted under this
judgment only if affidavit is filed on time.
PIUS C.KURIAKOSE,JUDGE
K.SURENDRA MOHAN, JUDGE
dpk
