IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 52 of 2011()
1. SHIBI FRANCIS, KUTHUR VEEDU,
... Petitioner
Vs
1. REKHA HARILAL, KAILAS,
... Respondent
2. ARUN HARILAL, KAILAS,
3. P.J.MARIAMMA, MAVELITHAYYIL,
4. JOJIMOL BAIJU, W/O.BIJU,
For Petitioner :SRI.S.SANAL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :28/01/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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R.C.R.No. 52 OF 2011
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Dated this the 28th day of January, 2011
O R D E R
Balakrishnan, J.
The legal heir of the original tenant is in revision. The
order of eviction was passed by the Rent Control Court under
Section 11(3). The need projected by the respondents/landlords
was that the petition schedule building is required for
accommodating the daughter of the original landlady for
conducting a beauty parlor. The original landlady died. Her
legal heirs including Rekha Harilal, for whose need the building
was sought to be evicted, were subsequently impleaded. Since
the need was for Smt.Lekha Harilal, the daughter of the
landlady, the need subsists even after the death of the original
landlady. Now, Rekha Harilal is one of the landlords. The
original tenant died and her legal heirs also have been brought
on record. The order of eviction was confirmed by the Appellate
Authority.
2. The learned counsel for the revision petitioner addressed
RCR.No.52/2011 2
arguments on all the grounds stated in the revision petition. But,
we are not persuaded to accept those arguments to upset the
concurrent findings entered by the courts below. Hence, the
revision petition must necessarily fail.
3. The learned counsel for the revision petitioner submits
that one year time may be granted to the revision petitioner to
vacate the petition schedule building. Having anxiously
considered the request, we are of the view that the tenant can
be granted 9 months time from today to vacate the petition
schedule building but subject to certain conditions.
4. The result therefore is as follows;
i). The revision petition is dismissed.
ii). The tenant(legal heirs of the original tenant) shall file an
affidavit before the Rent Control Court/Executing Court within
three weeks from today undertaking that he will surrender
peaceful possession of the petition schedule building within nine
months from today and undertaking further through the same
affidavit that arrears of rent due as on date will be paid within
one month from today and occupation charges at the current rent
rate will be paid as and when the same falls due.
RCR.No.52/2011 3
We clarify that the tenant will get the benefits of time
allowed as above only if affidavit as directed above is filed and
the undertakings therein are complied with.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk