MICHAEL Vs. PARAMARA GROUP DEVASWOM

JUDGEMENT

(1.) All these Rent Control Revisions are filed by the same tenant. He was the respondent in R.C.P.No.23/2001 and R.C.P.No.24/2001 on the file of the Additional Munsiff and Rent Control Court, Ernakulam. In R.C.P.No.123 of 2001 he was not a party. The petitions under the Kerala Buildings (Lease and Rent Control) Act were filed by the Paramara Group Devaswom represented by its Administrator.

(2.) R.C.P.No.23/2001 was filed under Ss.1(3), 11(4)(ii) and 11(7) of the Kerala Buildings (Lease and Rent Control) Act. The contentions of the landlord in the Rent Control Petition were as follows:

(3.) The petitioner is a religious institution. The building bearing No.41/2260 owned by the petitioner was let out to the respondent on a monthly rent of Rs.150 in the year 1979. The petitioner obtained title to the property as per final decree in O.S.134/70 and O.S.28/74 on the file of the Sub Court, Ernakulam. Though the building let out to the respondent was having a carpet area of 180 sq.ft. only, the respondent made various unauthorised and illegal additions and alterations to the stricture without the consent of the landlord. He also removed a portion of the existing ceiling and constructed a staircase. The carpet area of the building is increased to 250 sq.ft. The alterations made by the tenant to the building has destroyed and reduced its value and utility materially and permanently. The building was earlier used as a Bhajana Madom of Paramara Devi Temple. Now the number of worshippers have increased. For performing Bhajana the devotees have to stay in the temple premises. The petitioner does not have any facilities to provide accommodation to the devotees. During festival time additional Priests, performers of Panchavadyam, cooks, manual labourers and Others have to be employed whose presence is required round the clock in the temple premises. Petitioner has to provide accommodation to the Priests and other persons who are employed during special Poojas and occasions in the temple. Many family members expressed their desire to participate in the ceremonies. For giving Annadanam to the devotees during the festival time there is no proper kitchen to prepare food or hall to serve it to the devotees. Therefore the petition schedule building is bona fide required by the petitioner.