IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 114 of 2009()
1. P.O.JOHNSON,S/O.OUSEPH,AGED 57 YRS,
... Petitioner
Vs
1. KAMALA K.SHENOY,AGED 62 YEARS,
... Respondent
For Petitioner :SRI.O.F.JUSTIN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :09/06/2009
O R D E R
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
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R. C. R. No.114 of 2009
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Dated this the 9th day of June, 2009
ORDER
Pius C. Kuriakose, J
The tenant against whom order of eviction has
been passed by the authorities under the Rent Control
Act concurrently under clause-3 of Sub Section 4 of
Section 11 is the petitioner in this revision under
Section 20.
2. Even though Sri.O.F.Justin, learned counsel for
the petitioner addressed us very strenuously, we are
unable to find any illegality, impropriety or irregularity
in the findings of the Rent Control Court and the
Appellate Authority that eviction ground under Section
11(4)(iii) is made out against the petitioner. As his
last submission, Sri.O.F.Justin, learned counsel for the
R. C. R. No.114 of 2009 -2-
petitioner sought for time till the end of this year i.e.
31/12/09 to vacate the premises.
3. Sri.S.Sachithananda Pai, learned counsel for
the landlady who has taken notice, would oppose the
above request tooth and nail. According to him, the
finding is that the tenant is having more space than
what is necessary for him at his disposal within the
limits of the city itself. According to him, there is no
justification for granting more than three months’ time
to the petitioner to surrender the premises.
4. Having considered the rival submissions in the
context of the time to be granted to the revision
petitioner for surrendering the premises, we feel that
the petitioner can be granted time till 30/11/09 to
surrender the premises to the landlady.
R. C. R. No.114 of 2009 -3-
5. Accordingly this RCR is dismissed confirming
the order passed by the Rent Control Court and the
Appellate Authority. At the same time, there will be a
direction to the execution court to adjourn the E.P. to
the first of December, 2009 provided the revision
petitioner files an affidavit before the execution court
stating that he will unconditionally and peacefully
surrender the petition schedule building to the
respondent/landlady on or before 30th of November,
2009 and stating further in the affidavit that he will
discharge the entire arrears of rent, if any, and will
continue to pay the amounts at the present rent rates
towards occupational charges till he surrenders the
building actually. The affidavit as directed above shall
be filed by the revision petitioner within three weeks
and if the affidavit is not filed within the above time
R. C. R. No.114 of 2009 -4-
limit, the revision petitioner will not be entitled for the
benefit of time granted by this order.
PIUS C. KURIAKOSE
JUDGE
P. Q. BARKATH ALI
JUDGE
kns/-