The court granting extension for vacating property while imposing conditions for payment of use and occupation charges demonstrates judicial discretion in matters of eviction.

EASWARAN S., J ---------------------------------

R.S.A No.154 of 2026 ---------------------------------

Dated this the 26th day of March, 2026 JUDGMENT After hearing the appeal for some time, the learned counsel for the appellant fairly submitted that his client is not in a position to deposit a sum of Rs.19,13,600/- (Rupees Nineteen lakh thirteen thousand six hundred only) and therefore requested this Court to grant sufficient time to vacate the premises. Learned counsel for the appellant submits that his client needs time till 31.05.2026 to vacate the decree schedule property. Learned counsel for the 6^th respondent - auction purchaser though opposed, this Court is of the view that the request is only reasonable.

2. However, the learned counsel for the 6^th respondent also requests this Court that in case this Court is inclined to grant time till 31.05.2026 to the appellant to vacate premises, he be directed to pay the use and occupation charges from the date of confirmation of the auction till he vacates the premises.

3. The learned counsel for the appellant, Sri.Abdul Raoof, again requested this Court to show indulgence to say that the use and occupation charges be confined to a period of six months. Considering the request made by the learned counsel for the appellant, this Court is of the view that the appellant can be granted time till 31.05.2026, provided he pays the use and occupation charges from the month of November, 2025 onwards till 31.05.2026 at the rate of Rs.3,000/- per month.

In the above circumstances, this appeal is dismissed finding that no substantial question of law arises for consideration. However, the request for time as made above having been accepted, the appellant shall file an affidavit before the Sub Court, Thalassery, undertaking to vacate the premises on or before 31.05.2026. The appellant shall also pay the use and occupation charges at the rate of Rs.3,000/- per month from November, 2025 till the month of May, 2026. If the appellant fails to vacate the premises on 31.05.2026, the auction purchaser will be at liberty to execute the order forthwith without waiting for any further directions from this Court. It is also made clear that, on failure of the appellant to remit the aforesaid amount, the auction purchaser shall be entitled to recover the said amount from the deposit made before the court in the name of the appellant.