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1987 Supreme(Ker) 456

K.T.THOMAS
THANKAMMA – Appellant
Versus
VAIKOM TOWN JUMA MASJID MAHAL SANGHAM – Respondent


Judgment :-

1. After a variegated course in litigation a religious institution (Juma Masjid Mahal Sangham) succeeded in getting an order of eviction of a tenant from the building which belongs to the said institution. The impugned order is the one passed by the District Court in exercise of powers under S.20 of the Kerala Building; (Lease and Rent Control) Act, 1965 (for short 'The Act'). The challenge now is under Art.227 of the Constitution of India.

2. Waikom Town Juma Masjid Mahal Sangham" (hereinafter referred to as the society) filed an application before the Rent Control Court for an order of eviction on the ground that the building is bona fide needed by the sangham for its own purposes. The aforesaid ground was further expatiated in the averments stating that the society is conducting a school for teaching Arabic language (Madrassa) in a small building which is too insufficient to accommodate all the students and that the student strength in the Madrassa is on the increase and that the society has. therefore, resolved to make the present building available to house the Madrassa therein. The Rent Control Court and the Appellate Authority concurrently found that the society b





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