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A.S.Velayudhan vs C.M.Narayana Kurup on 7 September, 2009

Kerala High Court
A.S.Velayudhan vs C.M.Narayana Kurup on 7 September, 2009
       

  

  

 
 
  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

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