IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev No. 368 of 2004()
1. P.T.ASSAIN, S/O. ABDUL RAHIMAN,
... Petitioner
Vs
1. ALI ABDUL KAREEM, S/O.KUNHIKUTTY HAJI,
... Respondent
2. KUNHIMUTTY HAJI(DIED), S/O.KUNHALAN,
3. BIYUTTY, W/O. KUNHIMUTTY HAJI,
4. MUKKIL BIYUTTY, W/O. LATE MUHAMMED,
5. NOUSHAD, S/O. LATE MUHAMMED,
6. NHILA, D/O. LATE MUHAMMED,
7. NILOFER, D/O. LATE MUHAMMED,
8. ABDUL WAHAB, S/O. KUNHIMUTTY HAJI,
9. PATHUKUTTY, D/O. KUNHIMUTTY HAJI,
For Petitioner :SRI.R.SUDHISH
For Respondent :SRI.P.N.SREENIVASAN
The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :16/01/2007
O R D E R
K.A.ABDUL GAFOOR &
K.R.UDAYABHANU, JJ.
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R.C.R.Nos.368 & 369 of 2004
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Dated this the 16th day of January, 2007.
O R D E R
Abdul Gafoor, J.
There were altogether three Rent Control
Petitions alleging grounds available under Sections 11(2)
(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease
and Rent Control) Act [Act 2 of 1965] {hereinafter
referred to as ‘the Act’} in respect of the tenants, father
and son, concerning three shop rooms, in which one
single business has been conducted. One petition has
already been finalised and delivery has been ordered. In
that situation, when these revision petitions came up for
hearing, it is submitted by the revision
petitioners/tenants that they may be granted four
months’ time to surrender vacant possession of the
building.
R.C.R.Nos.368 & 369 of 2004
:: 2 ::
2. We heard the counsel for the landlord as well.
We are of the view that this submission is reasonable.
Accordingly, both the revision petitions are closed,
granting the revision petitioners four months’ time to
surrender vacant possession of the building. They shall
vacate the building on or before 16.05.2007. They shall
file an affidavit showing their preparedness to surrender
vacant possession of the said building within the time
stipulated above and to pay the entire arrears of rent and
the rent that may accrue within the said four months. The
affidavit shall be filed before the execution court within three
weeks from today.
Sd/-
(K.A.ABDUL GAFOOR)
JUDGE
Sd/-
(K.R.UDAYABHANU)
JUDGE
sk/
//true copy//
P.S. To Judge
K.A.ABDUL GAFOOR &
K.R.UDAYABHANU, JJ.
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R.C.R.Nos.368 & 369 of 2004
O R D E R
16th January, 2007.
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