Thottathil B. Radhakrishnan, J.
We have heard the learned counsel for the revision petitioner and the learned counsel for the respondent, quite in extenso.
2. This revision under Section 20 of Act 2 of 1965 is against the concurrent order of eviction under Section 11(8) of the Act, that is to say, the landlord needs the tenanted premises also for his use in addition to the premises in his possession. The landlord has a shop room of 3000 sq.ft. area and according to the tenant, the petition schedule shed, which is only 30 sq.ft. in extent, is unnecessary for the landlord. Evaluating the entire evidence on record and considering all the attendant facts and circumstances, the Appellate Authority, for reasons particularly stated in paragraphs 9 to 11 of the impugned judgment, affirmed the finding of the Rent Control Court. Those findings are in conformity with the settled position of law as to the question of comparative hardship and the findings are rendered after considering the entire materials on record. There is no error in the appreciation of evidence or procedure and the conclusions arrived at are in consonance with the materials. We, therefore, do not find any way to disturbe the concurrent findings on facts and the order of eviction affirmed by the Appellate Authority.
3. At this juncture, the learned counsel for the petitioner submitted that his client may be granted sufficient time to vacate such premises, as may be fixed by this Court.
In the result,
(a) This revision is dismissed.
(b) The tenant is granted six months' time from today to vacate the premises and deliver possession to the landlord on the following conditions :-
(i) The tenant remits the entire arrears of rent as on today before the executing court within four weeks from today and files an affidavit before the executing court within four weeks from today, unconditionally undertaking to surrender vacant possession of the premises to the landlord within six months from today.
(ii) The tenant pays charges towards use and occupation of the building at the current rent rate from today till he gives vacant possession of the premises to the landlord.
(c) Execution proceedings, if any, pending before the executing court shall be kept in abeyance for a period of six months.
(d) If there is default in performing any of the conditions imposed in clause (b) above, the benefit given to the tenant as per this order will stand recalled automatically and the executing court shall effect delivery forthwith.
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THOTTATHIL B. RADHAKRISHNAN, JUDGE.
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BABU MATHEW P. JOSEPH, JUDGE.
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