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1997 Supreme(SC) 397

G.T.NANAVATI, K.RAMASWAMY
Secretary, Taliparamba Education Society – Appellant
Versus
Moothedath Mallisseri Illath M. N – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the judgment of the learned Single judge of the Kerala High Court, made on June 24, 1996 in S.A. No. 2/1993.

3. The short question that arises for consideration is : whether the respondents are entitled to terminate the lease granted to the appellant? Clause 6 of the lease-deed reads as under :

"The lessee need not surrender and the lessor cannot claim to recover the property or the management of the institution from the Society so long as it is used for the purpose of an education institution. But if it over happens that the site and buildings are used for purpose other than those for which they are intended and or the lessee finds it not possible to manage the institution as an education institution, the lessor will have the absolute right of re-entry."

4. In exercise of the right under the said covenant, notice of termination was given by the respondents. Resultantly, the respondents filed a suit. Though elaborate contentions were raised for grant of the relief, namely, user of the property for cultural purposes and receipt of the amount from such user, to allow others to trespass into the property and make use thereof




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