GOPAKUMAR Vs. K.A.SULAIMANKUNJU

JUDGEMENT

(1.) Heard Sri S.Sanal Kumar appearing for the revision petitioner and Sri R.Azad Babu appearing for the respondent.

(2.) The petitioner in R.C.R.No.64 of 2020 is a tenant, who suffered an order of eviction in R.C.P.No.21 of 2017 of the Rent Control Court, Alappuzha. The judgment of the Rent Controller was confirmed in appeal by the judgment in R.C.A.No.6 of 2019 on the file of Rent Control Appellate Authority, Alappuzha. R.C.R.No.64 of 2020 filed against the above judgment of the appellate authority, was dismissed by this Court by judgment dated 11.03.2020, granting the petitioner six months' time to vacate the shop room, which he was occupying, on condition that he files an affidavit before the Execution Court or the Rent Control Court, as the case may be, within two weeks from the date of receipt of a copy of the order, undertaking to vacate the petition schedule building within six months from the date of judgment. There is a further condition that the petitioner should deposit the entire arrears if any within one month of the date of receipt of a copy of the order before the Execution Court or the Rent Control Court, and continue to pay the rent without default. It was also held that in the event of failure to comply with any of the conditions, the time granted to vacate the premises would stand automatically vacated and the landlord will be at liberty to proceed with the execution of the eviction order.

(3.) The petitioner has filed I.A.No.3 of 2020 praying that this Court may be pleased to extend the period for giving vacant possession by an additional six months. The reason stated is that by the time the copy of the judgment in the revision petition was received by the office of his counsel, the pandemic Covid-19 broke out. It is stated that the office of the counsel was closed following the lock down for 45 days and that a letter intimating the disposal, which was sent by the counsel did not reach the petitioner. It is further stated that the petitioner could not make an alternate arrangement and that he failed to file an affidavit before the Execution Court as directed by this Court.