RCR 85 of 2025 1 2025:KER:30344 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 RCREV. NO. 85 OF 2025 AGAINST THE JUDGMENT DATED 27.02.2025 IN RCA NO.46 OF 2024 OF RENT CONTROL APPELLATE COURT, ERNAKULAM ARISING OUT OF THE ORDER DATED 11.06.2024 IN RCP NO.158 OF 2022 OF THE RENT CONTROL COURT, ERNAKULAM REVISION PETITIONER/APPELLANT/RESPONDENT: V K UDAYAN, AGED 57 YEARS S/O KUTTYVAVA AGED 57 YEARS ANAND JEWELLARY, GROUND FLOOR, CHANDRIKA BUILDING, M G ROAD, ERNAKULAM, PIN - 682003 BY ADVS. E.D.GEORGE BRISONE T. MATHEW BENET SELVAN S. DILJI RAM V.R. RESPONDENTS/PETITIONERS: 1 C K JINAN, AGED 71 YEARS S/O C R KESAVAN VAIDHAR RESIDING AT CHANDRIKA, NO 45, MAIN DEFENSE COLONY, INDIRA NAGAR BANGLORE, PIN - 560038 2 C M CHANDRIKA, AGED 68 YEARS D/O C K MANILAL, RESIDING AT 47-EXPRESS APARTMENTS, RCR 85 of 2025 2 2025:KER:30344 RICHMOND ROAD, BANGLORE, PIN - 560025 3 C M LATHIKA D/O C K MANILAL, AGED 66 YEARS, KOLLARA HOUSE, KOOKALAI, THIRSSUR, PIN - 680021 4 C M SUNIL S/O C K MANILAL AGED 62 YEARS, CHANDRIKA BHAVAN, KARIKKAMURI ROAD, ERNAKULAM, PIN - 682011 5 GAUTHAM PRAKASH S/O F G SIVAPRAKASH, AGED 41 YEARS, 47- EXPRESS APARTMENTS, RICHMOND ROAD, BANGLORE, PIN - 560025 BY ADVS. Basil Mathew NINAN JOHN(K/346/1997) SANJANA SARA VARGHESE ANNIE(K/000582/2018) ARYA A.R.(K/1666/2018) MARGRET MARIA SIJU(K/3686/2024) THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RCR 85 of 2025 3 2025:KER:30344 A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ --------------------------------------------------------- R.C.Rev.No. 85 of 2025 ---------------------------------------------- Dated this the 8th day of April, 2025 O R D E R A.Muhamed Mustaque.J The tenant has challenged an order passed under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). As is evident from the impugned order, the Rent Control Court granted multiple opportunities to the tenant and extended the time for payment of admitted arrears of rent by a further period of three months. Despite the indulgence shown by the court, the tenant failed to comply with the direction to pay the arrears. It was thereafter that the Rent Control Court passed the order under Section 12(3) of the Act on 11.06.2024. The said order was challenged in appeal, but the Appellate Authority affirmed the decision of the Rent Control Court. In this revision, we do not find any grounds to interfere with the impugned order. Learned counsel for the petitioner once again seeks time to deposit the admitted arrears of rent. However, this Court is not empowered to extend the time beyond what is prescribed under the statutory provisions. It is pertinent to note that the Rent Control Court had already granted sufficient time— RCR 85 of 2025 4 2025:KER:30344 extended up to three months—as against the statutory period of four weeks under Section 12(2) of the Act. In such circumstances, no further indulgence can be shown to the petitioner. Accordingly, the petitioner is granted two months’ time from today to surrender vacant possession of the tenanted premises. Therefore, this Rent Control Revision Petition is dismissed. However, considering the fervent plea made by the learned counsel for the petitioner, two months' time is granted to the petitioner to surrender vacant possession of the petition-scheduled shop room to the respondents, subject to the following conditions: (i) The tenant shall file an affidavit before the Rent Control Court or the Execution Court, as the case may be, within two weeks from the date of receipt of a certified copy of this order, expressing an unconditional undertaking that he will surrender vacant possession of the petition-scheduled shop room to the respondents-landlords within two months' from the date of this order and that, he shall not induct third parties into possession of the petition-scheduled shop room. (ii) The petitioner-tenant shall deposit the entire arrears of rent as on date, if any, before the Rent Control Court or the Execution Court, as the case may be, within one month from the date of receipt of a certified copy of this RCR 85 of 2025 5 2025:KER:30344 order, and shall continue to pay rent for every succeeding month, without any default; (iii) Needless to say, failing to comply with any one of the conditions stated above, the time limit granted by this order to surrender vacant possession of the petition-scheduled shop room will stand cancelled automatically, and the landlords will be at liberty to proceed with the execution of the order of eviction. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- P.KRISHNA KUMAR, JUDGE dlk/8.4.