JAYAMMA BALAN Vs. C. S. I. CHURCH

JUDGEMENT

(1.) The appellant is the defendant in O.S No.1048/2015 of the Court of the Additional Munsiff, Alappuzha (Trial Court). The respondent in the appeal is the plaintiff in the suit. The parties are, for the sake of convenience, referred to as per their status in the original suit.

(2.) The plaintiff had filed the suit seeking vacant possession of the plaint schedule shop room and to recover an amount of Rs.54,065/- with interest from the defendant and her assets, towards arrears of rent.

(3.) The case of the plaintiff represented by the Church Wardens is that, the plaintiff (Church) is constituted as per the Constitution of CSI Madhya Kerala Diocese. The properties of the Church are managed and administered by the Church Wardens. The plaint schedule shop room belongs to the church, which is a minority community exempted from the provisions of the Kerala Buildings (Lease and Rent Control) Act. The shop room was given on rent to the defendant's husband. On the death of the defendant's husband, the defendant succeeded the tenancy. The agreed rate of rent is Rs.825/- per month. The defendant was irregular in paying the monthly rent. As on 31.8.2015, an amount of Rs 53,240/- is due to the Church. Although the church had requested for revision of rent and payment of arrears of rent, the defendant avoided the same by giving lame excuses. Since the plaintiff had refused to revise the rent and committed default in payment of rent, the plaintiff issued a lawyer notice terminating the tenancy with effect from 30.9.2015, and sought vacant possession of the shop room and payment of the arrears of rent. Even though the tenancy was terminated on 30.9.2015, the defendant failed to vacate the shop room or to pay the arrears of rent. Hence, the suit.