V K Udayan v. C K Jinan
Case brief
What is this about?
Kerala HC (Ernakulam), R.C.Rev.No. 85 of 2025, decided 08.04.2025, coram A.Muhamed Mustaque & P.Krishna Kumar JJ. Tenant V K Udayan's revision against affirmation by Rent Control Appellate Court, Ernakulam (RCA 46/2024) of the Section 12(3) eviction order (11.06.2024) in RCP 158/2022 passed by Rent Control Court, Ernakulam for non-payment of admitted arrears despite three-month extension. Held: no revisional interference; court cannot extend time beyond statutory limits (Section 12(2) four weeks); dismissed with two months to surrender possession on conditions of affidavit undertaking, arrears deposit and continued rent payment; default cancels indulgence. Statutes: Sections 12(3), 12(2), Kerala Buildings (Lease and Rent Control) Act, 1965. No precedents cited.
What did the court decide?
Two months' time to surrender vacant possession of the petition-scheduled shop room to the respondents, subject to: (i) affidavit of unconditional undertaking before the Rent Control Court or Execution Court within two weeks, undertaking surrender within two months and no induction of third parties; (ii) deposit of the entire arrears of rent within one month and continued monthly payment without default; (iii) failure of any condition automatically cancels the time granted, leaving the landlords free to proceed with execution of the eviction order.