K.P.RAJAGOPALAN Vs. C.THAJU

JUDGEMENT

(1.) K .T. Sankaran J., The petitioner filed R.C.P. No.99 of 2010 on the file of the Rent Control Court, Kozhikode against the respondent under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act. It is stated that when the case came up for trial, the parties settled the matter and a joint statement dated 7.3.2012 was filed. The parties agreed as to the terms of payment of rent in that joint statement. The tenant also agreed to vacate the plaint schedule building on or before 15.8.2012.

(2.) THE Rent Control Court recorded the joint statement by order dated 8.3.2012. The case of the petitioner/ landlord is that the respondent/ tenant did not comply with the conditions stipulated in the joint statement including the arrears of rent and he refused to vacate the premises within the time provided in the agreement. It is stated that the petitioner was therefore constrained to file E.P. No.163 of 2012 on 4.10.2012. The grievance of the petitioner is that the Execution Petition is not disposed of so far and it is being adjourned at the request of the respondent/ tenant. It is also stated that the attempt of the respondent is to prolong and protract the matter.

(3.) SRI . A.V.M. Salahudeen, learned counsel appearing for the respondent/tenant submitted that the tenant is constructing another house nearby and the construction is nearing completion. The tenant requires some more time to complete the construction and shift his residence. It is therefore submitted by the learned counsel for the respondent/tenant that six month's time may be granted to the tenant to vacate.