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2023 Supreme(Online)(KER) 14604
HIGH COURT OF KERALA
P. B. Suresh Kumar, P. G. Ajithkumar, JJ
MAYYIKKARANTAKATH VELIKKAKATH ABDULLA – Appellant
Versus
PONNANKAI PUTHIYA PURAYIL SAREENA – Respondent
RCRev. 199 2023
P.U.SHAILAJAN
Tenants facing eviction are entitled to seek time for vacating but must comply with condition of filing undertakings and paying rent as per the applicable law.
Headnote:
Eviction - Tenancy - Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 11(3) - The court upheld eviction orders for tenants, granting time for surrender subject to conditions including filing undertakings and paying rent.
Fact of the Case:
The tenants challenged eviction orders in separate proceedings under the Kerala Buildings (Lease and Rent Control) Act regarding different portions of a common building.
Issues: Whether the tenants' appeal against eviction orders is maintainable and what conditions should be imposed on their surrender of the premises.
Ratio Decidendi: The court held that the statutory provisions under Section 11(3) of the Act allow for eviction under specified circumstances and that the tenants' request for time was conditional upon compliance with the law.
Final Decision: Eviction orders upheld; tenants granted six months to vacate under conditions.
O R D E R
P.B.Suresh Kumar, J.
The tenants in two separate proceedings for eviction in respect of different portions of a common building under the Kerala Buildings (Lease and Rent Control) Act, 1965 have instituted these revisions challenging the concurrent orders of eviction suffered by them in a proceedings under Section 11 (3) of the Act.
2. After arguing the matter for quite some time, having convinced that the various arguments raised on behalf of the petitioners are not acceptable to the court, the learned counsel for the petitioners prayed for indulgence for a reasonable time to surrender vacant possession of the premises which are the subject matters of the proceedings to the respondent.
3. Having regard to the facts and circumstances of the case as also the orders passed in similar and identical revisions, the rent control revisions are disposed of granting six months' time from today to the petitioners to surrender vacant possession of the premises on condition that they shall file unconditional undertakings before the Rent Control Court within two weeks from today to vacate the tenanted premises within six months and also that they shall pay the arrears of rent, if any, within the aforesaid time limit and continue to pay the monthly rent on or before the tenth day of every succeeding month, till they vacate the premises.
