Thottathil B.Radhakrishnan, J. 1. Tenant of a building is the revision petitioner. He challenges a judgment by which the appellate authority confirmed an order of eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, “the Act”, for short. We have heard the learned counsel for the revision petitioner, quite in extenso. We have also heard the learned counsel for the first respondent (landlady), who has lodged caveat.
2. The need projected by the landlady is that she needs the building in question to start an internet cafe. The need was proved by the landlady tendering evidence as PW1. The tenant's defence challenging the bona fides of the need set up did not find favour with the rent control court. The appellate authority also confirmed the finding in that regard after appreciating the evidence on record. Having regard to the materials, we do not find our way to hold that the said finding warrants interference in exercise of revisional jurisdiction under Section 20 of the Act.
3. Onto the question of protection of the tenant under the second proviso to Section 11(3) of the Act, the authorities below have concurrently held that even the tenant had admitted that new shopping complexes are being constructed in that locality and rooms were let out in those complexes, recently. Even according to him, rooms are available in the locality as vacant and ready for occupation. These material findings by both courts on the basis of the evidence on record rule out the benefit of the protection under the second proviso to Section 11(3) of the Act being extended to the tenant.
4. On the whole, we think that this is a case where we can accept the request on behalf of the revision petitioner for a reasonable time to vacate, though we do not see any merit in the revision petition for interference with the judgment of the appellate authority and with the order of the rent control court.
In the result,
(a) This revision is dismissed.
(b) The revision petitioner is granted six months' time from today to vacate the premises and deliver possession to the landlady on the following conditions:
i. He 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 landlady within six months from today.
ii. He 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 landlady.
(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.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) (BABU MATHEW P. JOSEPH, JUDGE) jg