MOIDUNNIHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) In the original petition, petitioner seeks to quash a notification issued by the Government in exercise of its powers under sub-section (1) of S.25 of the Kerala Buildings (Lease and Rent Control) Act, for short, the Act. By the notification, Government exempted in public interest, Building No. XVI/186 ABCDE situated in Survey Numbers 1042/3 6,11 of Kunnamkulam Municipality and owned by the Chavakkad Taluk Muslim Orphanage Association from all the provisions of the Act. Copy of the notification is Ext. P3. It is dated 10th April, 1984.

(2.) Petitioner submits that the notification vitally affects his interest insofar as in respect of the building referred in the notification, petitioner has entered into an agreement for taking the ground floor and the first floor on lease. Petitioner has agreed to pay an advance of Rs. 5 lakhs. It was agreed that the ground floor and the first floor of the building will be given on lease on a monthly rent of Rs. 6.000/-. For specific performance of this agreement, petitioner has filed a suit, O.S. No. 51 of 1983 on the file of the Subordinate Judge of Trichur. True copy of the plaint is produced along with the original petition, marked as Ext. P1.

(3.) Petitioner filed I.A. No. 233 of 1983 in the suit under O.40 R.1 and S.151 C.P.C. for appointment of an interim receiver and further prayed that the petitioner maybe permitted to take possession of the ground floor and the first floor excluding the portion intended to be set apart for conducting prayers. The application was seriously contested. The court, after considering the circumstances involved in the case, appointed the petitioner as receiver. Petitioner submits that he had even before the filing of the suit, paid an amount of Rs. 2,50,000/- to the second respondent Association, towards the advance agreed upon.