High Court Kerala High Court

Thankappan vs Vasudevan Unni on 28 August, 2009

Kerala High Court
Thankappan vs Vasudevan Unni on 28 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 49 of 2009()


1. THANKAPPAN, S/O. SANKARAN,
                      ...  Petitioner

                        Vs



1. VASUDEVAN UNNI,
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  :SRI.M.GOPIKRISHNAN NAMBIAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :28/08/2009

 O R D E R
        PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
                     ------------------------
                 R.C.R.No.49, 51 & 52 OF 2009
                     ------------------------

             Dated this the 28th day of August, 2009

                             ORDER

K.Surendra Mohan, J.

The tenants have filed this revision challenging concurrent

orders of eviction passed by the Rent Control Court and the Rent

Control Appellate Authority. The orders of eviction have been

granted finding that the ground under Section 11(3) put forward

by the landlord had been established. It is the said orders that

are challenged in these revisions.

2. Sri.Santhosh P.Poduval, learned counsel appearing for

the tenants and Sri. Gopikrishnan Nambiar, learned counsel

appearing for the landlord, have addressed us elaborately on the

various points at issue. After having heard the matter at

considerable length, we suggested to the counsel that the matter

be settled amicably among themselves. Accordingly, the parties

have come to a mutual settlement of their disputes. As directed

by us, the tenants have also filed separate affidavits in these

revisions withdrawing their contentions in these cases. As per

the terms of the settlement between the parties, the counsel for

RCR.No.49,51,52/2009 2

the landlord has handed over three cheques for an amount of

Rs.1,00,000/- each in favour of each of the tenants as shifting

charges. The tenants have prayed for a reasonable time to

surrender vacant possession of the tenanted premises after

shifting of their articles. The tenant in RCR 51/2009 is

conducting an engineering workshop in the petition schedule

premises, which requires the issue of a licence by the Thrissur

Corporation. Therefore, he has prayed for a slightly longer period

of time for shifting his workshop.

3. Having considered the matter, we dispose of these Rent

Control Revision Petitions with the following directions;

i)). The Rent Control Petitions are dismissed confirming the

orders of eviction passed by the authorities below.

ii). The tenants in RCR Nos. 49/2009 and 52/2009 are

granted time till 30.11.2009 to surrender vacant possession of

the tenanted premises to the landlord. The tenant in RCR

No.51/2009 is granted time up to 15/1/2010 to vacate the

premises.

Iii).The tenants shall file separate affidavits undertaking to

surrender vacant possession of the petitions schedule premises

RCR.No.49,51,52/2009 3

occupied by them on or before the dates mentioned above before

the Execution Court on or before 9/9/2009.

iv). The tenant in RCR No.51/2009 shall make an

application for licence for shifting his workshop to the new

premises before 15/9/2009. If such an application is made, the

Secretary, Thrissur Corporation(additional 2nd respondent) shall

consider the same expeditiously and pass final orders thereon as

expeditiously as possible at any rate before 15/10/2009.

iv). The tenants shall continue to pay monthly rent at the

contracted rates without default, till they surrender vacant

possession of the premises to the landlord.

PIUS C.KURIAKOSE,JUDGE

K.SURENDRA MOHAN, JUDGE
dpk