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M.S.Muhammed Kutty

High Court Of Kerala|21 November, 2014
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JUDGMENT / ORDER

K.T.Sankaran, J.
The respondent in R.C.P.No.51 of 2008 on the file of the Rent Control Court, Ernakulam, who is the appellant in R.C.A.No.39 of 2011 on the file of the Rent Control Appellate Authority, Ernakulam is the revision petitioner. The revision petitioner is the tenant of a building which is owned by the respondents. The Rent Control Petition was filed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). The Rent Control Court as well as the Appellate Authority concurrently found that the bona fide need is established and accordingly, the Rent Control Petition was allowed and the appeal therefrom was dismissed.
2. The learned counsel for the petitioner/tenant submitted that the only relief which the tenant prays for in this Revision is that he R.C.R. NO.128 OF 2014 (C) :: 2 ::
may be granted one year's time to vacate the premises. The learned senior counsel appearing for the respondents/landlords submitted that a reasonable time may be granted to the tenant to vacate the premises. Taking into account the facts and circumstances of the case, we suggested that the tenant can be granted time till 31.7.2015 to vacate the premises. This suggestion was accepted by both sides.
Accordingly, the Rent Control Revision is disposed of granting time till 31.7.2015 to the petitioner/tenant to vacate the petition schedule building but subject to the condition that he shall pay to the landlords or deposit before the Rent Control Court the arrears of rent, if any, on or before 31.1.2015 and also on condition that the monthly rent shall be paid on or before 10th of the succeeding months. The petitioner/tenant shall file an affidavit before the Rent Control Court on or before 31.1.2015 unconditionally undertaking to vacate the premises on or before 31.7.2015. If the tenant complies with the above conditions, the order of eviction shall be kept in abeyance till 31.7.2015. If the tenant fails to comply with any of the R.C.R. NO.128 OF 2014 (C) :: 3 ::
conditions mentioned above, the order of eviction can be executed forthwith.
(K.T.SANKARAN) Judge (P.D. RAJAN) Judge ahz/
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Title

M.S.Muhammed Kutty

Court

High Court Of Kerala

JudgmentDate
21 November, 2014
Judges
  • K T Sankaran
  • P D Rajan
Advocates
  • Sri
  • K Joseph
  • K Joseph