Soman vs Vivekanandan on 16 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 2690 of 2002()


1. SOMAN, PRIYA BAKERY,
                      ...  Petitioner

                        Vs



1. VIVEKANANDAN,
                       ...       Respondent

                For Petitioner  :SRI.M.BALAGOVINDAN

                For Respondent  :SRI.N.N.SUGUNAPALAN (SR.)

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.

              ==============================

                           C.R.P.NO. 2690  OF 2002

                ============================


            DATED THIS THE 16TH DAY OF JANUARY 2007


                                       ORDER

Udayabhanu,J.

The revision petitioner/tenant has sought for setting aside the

concurrent findings of the courts below allowing the prayer of the

landlord/respondent under Section 11(3) of the Kerala Buildings

(Lease & Rent Control)Act,1965[Act 2 of 1965){for short ‘the Act’).

The landlord has sought for eviction on the ground that the premises

are required for his son wanted to start a provision store. The

premises is outstanding with the revision petitioner/tenant since 1985

with the prevailing rent of Rs.350/-per month. The revision

petitioner is running a bakery in the premises. The courts below have

found that the need set up by the respondent/landlord is bona fide.

There was no serious contention on the part of the revision petitioner

before the courts below. The Rent Control Court as well as the

Appellate Authority have also found that the revision petitioner/tenant

is not entitled to the protection of the second proviso to Section 11

(3) of the Act. We find that the above finding is also based on proper

CRP.2690/2002 -2-

grounds and there is no reason at all to disturb the findings of the

courts below.

2. Considering the plea of the counsel for the revision petitioner

that the tenant wanted at least one years time to vacate the

premises and taking into consideration of the objection by the

counsel for the landlord, we find that it would suffice to grant a

period of four months from today onwards to vacate the premises.

In the result, the civil revision petition is disposed of with a

direction that the revision petitioner/tenant shall vacate the premises

within four months from today on condition that he remits the entire

arrears of rent due, if any, and continue to remit the rent due in

future and file an affidavit before the Execution Court undertaking that

he shall vacate the premises on or before 16-5-2007.

Sd/-

K.A.ABDUL GAFOOR

JUDGE

Sd/-

K.R.UDAYABHANU,

JUDGE

ks.

CRP.2690/2002 -3-

K.A.ABDUL GAFOOR &

K.R.UDAYABHANU, JJ

=====================

C.R.P.NO.2690/2002-F

ORDER

16-1-2007

=====================