K.C. LONAPPAN Vs. ST. RAPHAELS CHURCH

JUDGEMENT

(1.) THE respondent appeared through counsel.

(2.) THE Second Appeal arises from the judgment and decree of the Sub Court, Cherthala in A.S. No.67 of 2008 modifying the judgment and decree of Additional Munsiff's Court, Cherthala in O.S. No.592 of 2004 to the extent of claim for damages for unauthorized use and occupation.

(3.) THE appellant contended that the respondent has no right to institute the suit since the property belonged to Parayil family and there is an ongoing litigation between the Church and that family in the Sub Court, Cherthala as O.S. No.5 of 1996. According to the appellant, the appeal arising from that suit is pending. The appellant is in possession of the shop room from 1965 onwards (on rental arrangement) and the rent payable then was Rs.10.00 per month. Later, the adjacent room was also given to the appellant on rent and the rent was enhanced to Rs.12.00 per month. As requested by the respondent, the appellant surrendered the shop rooms for renovation. After renovation it was given to the appellant for a monthly rent of Rs.20.00. Later the Vicar of the Church filed O.S. No.317 of 1993 for eviction of the appellant. That suit was settled and Ext.A1, lease deed was executed on 01.12.1994.