IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH THURSDAY, THE 7 DAY OF AUGUST 2025 / 16TH SRAVANA, 1947 OP (RC) NO. 152 OF 2025 IN EP NO.135 OF 2025 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM PETITIONER/RESPONDENT/RESPONDENT:

E.M.ABDUL RAHMAN AGED 74 YEARS, S/O MOOSA, MANAGING PARTNER MS DIAMOND INFOTECH, 39/3738, 1ST FLOOR, AYESHA MANZIL, RAVIPURAM, KOCHI, PIN - 682016 BY ADVS.

SRI.SREEJITH S.NAIR SRI.BIJU JOSEPH SRI.REMIL REGI GEORGE SRI.JUSTIN SHAJI SRI.RAJESH BHASKARA KURUP RESPONDENT/PETITIONER/PETITIONER:

DR.C.G.BALAKRISHNAN AGED 72 YEARS, S/O LATE C. K GOPALAKRISHNAN CHINGANAZHATHA HOUSE, V. R MENON ROAD, KOCHI, PIN - 682016 BY ADVS.

SRI.M.S.UNNIKRISHNAN SRI.AADITYA NAIR SMT.M.ARDRA KRISHNAN SRI.SOHAN VARGHESE FRANCIS SMT.ANUSREE B.

SMT.RESHMA K.

SRI.M.S.UNNIKRISHNAN THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

07.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

A. Muhamed Mustaque, J.

The petitioner is a tenant. An order under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’ for short), has been passed. It is stated by the respondent – landlord that more than nine lakhs is due by way of arrears as on 2022. The petitioner submits that he runs an institute, and therefore, at least six months’ time is required to surrender the building. This has been opposed by the learned counsel for the respondent.

2. We are of the view that there is no scope for enlarging the time under Section 12(3) of the Act, as the period itself has been worked out and it cannot be extended by any Court. However, taking note of the plea made by the learned counsel for the petitioner, we grant six months’ time from today, on the following conditions;

i) The petitioner shall deposit Rs.4,50,000/-

(Rupees four lakhs and fifty thousand only) within a period of four weeks from the date of receipt of a certified copy of this judgment before the Rent Control Court or shall tender the same to the respondent.

ii) The petitioner shall file an undertaking before the Rent Control Court, within four weeks from today, that he will vacate the building within the six month period granted by this Court.

iii) The entire arrears, if any, shall be cleared within four weeks and continue to pay the monthly rent up-to-date till the actual surrender of the building.

This original petition is disposed of as above.

Sd/-

A. MUHAMED MUSTAQUE JUDGE Sd/-

HARISANKAR V. MENON JUDGE

anm

APPENDIX OF OP (RC) 152/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITION AS R.C.P.NO.2/2023 FILED BY THE RESPONDENT BEFORE THE RENT CONTROL COURT, ERNAKULAM, DATED 23.12.2022 Exhibit P2 A TRUE COPY OF THE ORDER IN R.C.P.NO.2/2023 OF THE IIIRD ADDL. MUNSIFF & RENT CONTROL COURT, ERNAKULAM, DATED 03.12.2024 Exhibit P3 A TRUE COPY OF THE EXECUTION PETITION AS E.P. NO. 135 OF 2025 IN R.C.P.NO.2/2023 FILED BY THE RESPONDENT BEFORE THE PRINCIPAL MUNSIFF COURT (EXECUTION), ERNAKULAM, DATED 10.04.2025.

Exhibit P4 A TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, ERNAKULAM IN E.P.NO.135/2023 IN R.C.P.NO.2/2023 Exhibit P5 A TRUE COPY OF THE CASE STATUS OF E-COURTS IN E.P.NO.135/2025 IN R.C.P.NO.2/2023 OF THE MUNSIFF COURT, ERNAKULAM