BY AD v. G.P.SHINOD

SHAFEENA ( IMPLEADED AS ADDL PETITIONER NO.6) D/O YOUSAFF, AGED 5 32 YEARS, DARUSSALAM, KODUKKA BAZAR, CHOKLI P.O, THALASSERY,KANNUR, PIN 670 672 SHAHANAS ( IMPLEADED AS ADDL PETITIONER NO.7) D/O YOUSAFF, AGED 31 YEARS, DARUSSALAM, KODUKKA BAZAR, CHOKLI P.O, THALASSERY,KANNUR, PIN 670 672 BY ADVS. G.P.SHINOD SRI.GOVIND PADMANAABHAN SHRI.AJIT G ANJARLEKAR RESPONDENTS/RESPONDENTS/PETITIONERS: 1 2 CHURCH OF SOUTH INDIA TRUST ASSOCIATION HAVING ITS REGISTERED OFFICE AT NO.5, WINTES ROAD ROYAPETTAH, CHENNAI 600014, REPRESENTED BY REV. D. SABU K CHERIAN AGED 56 YEARS, S/O.M.K. CHERIAN, TREASURER, CSI MADHAYA KERALA DIOCESE, KOTTAYAM, REV. DR. OOMMEN GEORGE, AGED 61 YEARS, S/O. GEORGE, CLERGY SECRETARY, CSI MADHAYA KERALA DIOCESE, KOTTAYAM 686 001. ASHRAF, (DELETED AS PER ORDER DATED 21.12.2023 IN IA NO. 4/2023) AGED 58 YEARS S/O. SHUKKOR, COSMO RESTAURANT, GROUND FLOOR, CSI SQUARE BUILDINGS, SASTHRI ROAD, KOTTYAM 686 001, AND RESIDING AT NALLOOR HOUSE, PERINGALAM P.O. THALASSERY TALUK, KANNUR DISTRICT 673 571. BY ADVS. SAJI MATHEW ALFI ANWAR(K/379/2019) THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.C.(Rev).No.77 of 2021 G. Girish, J. 3 O R D E R The tenants/respondents 2 and 3 in R.C.P.No.27 of 2015, filed this revision, challenging the judgment dated 03.09.2019 of the Rent Control Appellate Authority, Kottayam, dismissing the appeal filed by them against the order of eviction passed by the Rent Control Court on 31.03.2017 in the abovesaid R.C.P. As per order dated

22.11.2023 of this Court in C.M.Application No.1 of 2023 and I.A.Nos.1 and 2 of 2023, the additional revision petitioners 3 to 7 were impleaded as the legal representatives of deceased 2nd revision petitioner.

2. The 1st respondent had instituted R.C.P.No.27 of 2015 before the Rent Control Court, Kottayam for the eviction of the revision petitioners under Sections 11(7) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short ‘the Act’). The above petition was allowed by the Rent Control Court on

31.03.2017, against which the revision petitioners preferred R.C.A.No.22 of 2017 before the Rent Control Appellate Authority, Kottayam. The Rent Control Appellate Authority, Kottayam, as per its judgment dated 03.09.2019, dismissed the said appeal, confirming the findings of the Rent Control Court. The present R.C.(Rev).No.77 of 2021 4 revision has been filed, challenging the above judgment of the Rent Control Appellate Authority.

3. Heard learned counsel revision petitioners/tenants and the learned counsel for the 1st respondent- landlord.

4. The 1st respondent-landlord approached the Rent Control Court for getting possession of the petition schedule shop room, which was let out to the revision petitioners, since it was required for additional accommodation of the business of sales and distribution of religious books and magazines and other items being conducted by the landlord. It was pointed out that vacant rooms are available in the locality, to which the revision petitioners-tenants could shift their business. The request of the landlord in the above regard was strongly resisted by the revision petitioners-tenants. The Rent Control Court, after an evaluation of the evidence adduced by the landlord through the oral testimony of PW1 and documents marked as Exts.A1 to A15, and the evidence adduced by the tenants through the oral testimony of CPW1 and the documents marked as Exts.B1 and B2, held that the landlord is entitled to have possession of the petition schedule shop room under Sections 11(7) and 11(8) of the Act, and accordingly, passed the orders in the above regard. Though the revision petitioners approached the Rent Control R.C.(Rev).No.77 of 2021 5 Appellate Authority, Kottayam, challenging the above order of the Rent Control Court, the said authority, upon a re-appraisal of the evidence, concurred with the findings of the Rent Control Court, and held that the respondent-landlord is entitled to have vacant possession of the petition schedule shop room. A reading of the impugned order of the Rent Control Court and the judgment of the Appellate Authority, would reveal that the evidence on record has been correctly appreciated by both the said authorities. It has been observed thereunder that the evidence of the revision petitioners- tenants would not prove that the income from the premises is their main source of living, and that they could not establish the hardship which they may face on shifting the business to the nearby rooms. It is the further observation of the trial court and the Appellate Court that the petition schedule room is the most convenient room, for expanding the business of the respondent-landlord, and that if the said right is denied, definitely, it would entail in financial loss and hardships to the respondent-landlord. There is absolutely no illegality or impropriety in the findings of the trial court and the Appellate Court in the above regard. Hence, we find no reason to interfere with the concurrent findings of the Rent Control Court and the Appellate Authority in this matter. R.C.(Rev).No.77 of 2021 6

5. When our view in the above regard was made clear to the learned counsel for the petitioners and respondent, it has been submitted by them that they have arrived at a consensus about the period of time, which could be allotted to the revision petitioners- tenants to vacate the petition schedule shop room. Accordingly, it is stated that the revision petitioners undertake to vacate the petition schedule shop room, within a period of eight months from the date of this order, and that they are ready to abide by the other terms and conditions being incorporated in orders of similar nature. Having regard to the above submissions of the learned counsel for the revision petitioners and the respondent, we deem it appropriate to dismiss this revision petition, granting eight months’ time for the revision petitioners-tenants to surrender vacant possession of the petition schedule shop room to the respondent- landlord, subject to the following conditions: (i) The petitioners-tenants in the Rent Control Petition 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 they will surrender vacant possession of the petition schedule shop room to the respondent-landlord within eight months from the date of this order and that, they shall not induct third parties into possession of the petition schedule shop R.C.(Rev).No.77 of 2021 7 room and further that they shall conduct any business in the petition schedule shop room only on the strength of a valid licence/permission/consent issued by the local authority/statutory authorities; (ii) The petitioners-tenants in the Rent Control Petition 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 two weeks from the date of receipt of a certified copy of this order, and shall continue to pay rent for every succeeding month, without any default; (iii) Needless to say, in the event of the petitioners-tenants in the Rent Control Petition 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 schedule shop room will stand cancelled automatically and the respondent-landlord will be at liberty to proceed with the execution of the order of eviction. (sd/-) ANIL K. NARENDRAN, JUDGE (sd/-) G. GIRISH, JUDGE R.C.(Rev).No.77 of 2021 8 APPENDIX OF RCREV. 21/2024 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 ANNEXURE A3 ANNEXURE A4 ANNEXURE A5 ANNEXURE A6 ANNEXURE A7 ANNEXURE A8 ANNEXURE A9 ORIGINAL COLONOSCOPY REPORT OF SWAPNALEKHA OF GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOZHIKODE DATED 8.11.2021 ORIGINAL OUT PATIENT CARD OF GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOZHIKODE DATED 19.10.2021 ORIGINAL OUT PATIENT CARD OF GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOZHIKODE DATED 28.11.2023 ORIGINAL OUT PATIENT TICKET ISSUED BY MEDICAL COLLEGE KOZHIKODE DATED 29.10.2021 ORIGINAL OUT PATIENT CASE SHEET ISSUED BY DISTRICT CO-OPERATIVE KOZHIKODE DATED 31.8.2022 ORIGINAL OUT PATIENT CASE SHEET ISSUED BY DISTRICT CO-OPERATIVE KOZHIKODE DATED 3.9.2022 ORIGINAL OUT PATIENT CARD ISSUED BY GOVERNMENT MEDICAL COLLEGE, KOZHIKODE DATED 28.9.2022 ORIGINAL CASE RECORD ISSUED BY GOVERNMENT MEDICAL DATED 14.10.2022 KOZHIKODE COLLEGE, ORIGINAL DOCTOR PRESCRIPTION ISSUED BY GOVERNMENT MEDICAL COLLEGE, KOZHIKODE DATED 28.11.2023