K. USHAKUMARI Vs. G.C.D.A

JUDGEMENT

(1.) Appellant is the petitioner in O. P. 9483 of 1990. Under Ext. P-1 agreement appellant took on lease Room No. 3 of Gandhi Nagar Shopping Complex for conducting a Dental Clinic from the Greater Cochin Development Authority (1st respondent). The lease was for a period of 99 years. As per Ext. P-1 dated 16th October 1979 the appellant paid premium of Rs. 12,938.85, the annual contract rent being Rs. 4,312.95.

(2.) Contention of the appellant is that without prior notice to her and contrary to the terms of Ext. P-1 agreement the first respondent unilaterally increased the annual rent by refixing the same at Rs. 8,626 retrospectively with effect from 16th October 1989 and that on her representation it was reduced from Rs. 300 per square metre to Rs. 250 per square metre. The reduction of the rent is evidenced by Ext. P-6.

(3.) Learned Single Judge relying on Clause.15 of the agreement held that the appellant having agreed to all the conditions as per the agreement cannot challenge the increase in the rent. Clause.15 of the agreement reads as follows: