GEORGE THOMAS Vs. ADDL DISTRICT COURT

JUDGEMENT

(1.) The 4th respondent Koilmukku St.George Church (referred to in this judgment as the Church) represented by its Vicar and trustee, namely respondents 5 and 6 is the owner of the buildings let out to the petitioners in these three original petitions. The Church applied for eviction of the petitioners under S.11(2), (3), (4) and (7) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the Act. At the trial however the Church confined its relief to S.11(7) of the Act, which runs as under:

(2.) The case set up was that it was a religious institution to which "lakhs of pilgrims" resorted every year for prayers and worship. The pilgrims experienced great difficulties, as the Church did not have suitable buildings to accommodate them. The Church needed the petition schedule buildings for reconstruction, after eviction to provide better facilities for the pilgrims.

(3.) The petitioners contested with the plea that the congregation of pilgrims takes place only at the time of the annual festival in the Church in the month of Medam every year. The festival is conducted only for less than a week. Only few pilgrims visit during the rest of the year. The pilgrims who come for the festival do not stay in the Church or in buildings belonging to the Church. There was no need to construct buildings to provide for pilgrims resorting for less than a week in the year. It was also contended that construction of buildings for the benefit of pilgrims was not a "purpose" of the Church justifying eviction under S.11(7).