IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 244 of 2008()
1. C.A.JAMAL, S/O.ABDUL KADER,
... Petitioner
Vs
1. JORDY TARIYAN, S/O.U.J.TARIYAN,
... Respondent
For Petitioner :SRI.R.RAMADAS
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/10/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR,JJ.
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R.C.R.NO.244 OF 2008
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Dated this the 3rd day of October, 2008
O R D E R
Raman,J.
Revision Petitioner is the tenant, who faced with an order of
eviction passed by the Rent Control Court and affirmed by the
Appellate Authority. The landlord sought eviction under Section
11(3) of the Kerala Buildings (Lease and Rent Control) Act. The
need put forward by the landlord is to conduct a Readymade
Garment business. The need as put forward by the landlord was
found to be bona fide. Though the tenant claimed the benefit of the
proviso, the court below found that the benefit of the proviso is not
substantiated by adducing satisfactory evidence. The burden being
on the tenant to prove the same and on failure to do so, the court
below rejected the contention and ordered eviction. The Appellate
Authority after re-appreciation of the evidence on record,
confirmed the view as expressed by the Rent Control Court. In such
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circumstances, the tenant has preferred this revision petition.
2. The learned counsel Sri R. Ramadas appearing on behalf of
the revision petitioner after arguing for sometime and on finding
that this Court is not likely to accept his contentions as raised
sought to withdraw the same. However he pleaded for larger time
to give vacant possession of the tenanted premises. Accordingly,
we dismiss this revision petition. However, the tenant is given six
months’ time to surrender vacant possession of the tenanted
premises on the following conditions:
1) The petitioner herein shall give an undertaking in
the form of an affidavit before the execution court
within a period of one month from today that he
will surrender vacant possession of the premises on
or before 3-4-2009 and also remit the entire arrears
of rent if any, within the aforesaid period.
2) He shall continue to pay the amount equivalent to
the rent for use and occupation, until the vacant
possession is surrendered.
3) He shall not induct any third parties to the tenanted
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premises.
4) In case of failure to comply with any of the above
conditions, the order of eviction passed by the court
below will become enforceable forthwith.
Otherwise it will stand deferred for a period of six
months.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.
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