HAJI ABDULLA HAJI ADAM SAIT TRUST Vs. HAMEED

JUDGEMENT

(1.) The plaintiff is the appellant. The appeal is directed against the judgment and decree of the 1st Additional Subordinate Judge, Ernakulam, dismissing OS No. 258 of 1983 instituted by the appellant, seeking eviction of the respondent from the plaint schedule building and for arrears of rent.

(2.) Essential facts lie in a narrow compass: The plaintiff is a charitable trust. It has been registered under S.25 of the Wakf Act, 1954, at the office of The Kerala Wakf Board. The plaint schedule building belongs to the plaintiff trust. The defendant took the building on lease, on a rental of Rs.400/-, to be paid on the 4th day of every English Calender month. Subletting is prohibited. The defendant is carrying on hotel business in the building, in the name and style of Cochin Refreshment House. As the trust required the building for its own use, the suit for recovery of possession of the building was filed. The building is exempted from the purview of the Kerala Buildings (Lease And Rent Control) Act, Act 2 of 1965 as is seen from the notification issued by the State Government in that regard. Before filing the suit the tenancy had been terminated by notice. The defendant had kept the rent in arrears. The suit thus was for recovery of possession of the building with arrears of rent. The defendant filed a written statement raising various contentions.

(3.) The Trial Court after considering the various aspects of the case, has answered all the issues except the additional issue namely, whether the suit by the Mutawalli is maintainable in view of S.15(2)(i) of the Wakf Act, in favour of the appellant plaintiff. The suit accordingly was found to be not maintainable and this resulted in the dismissal of the suit.