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2016 Supreme(Ker) 648

V.CHITAMBARESH, ANIL K.NARENDRAN
Raphimon – Appellant
Versus
Kerala State Wakf Board – Respondent


Advocates Appeared:
For the Petitioner: K. Ramakumar, P.G. Jayashankar, A.B. Jaleel, A.J. Shaheer
For the Respondent: Shinu J. Pillai, S. Suja, Philip T. Paul, S.P. Indulekha, K. Shibili Naha

JUDGMENT :

V. Chitambaresh, J.

1. The tendency to cling on to the tenanted premises even after the expiry of the period of the lease of the immovable wakf property is indisputably on the increase.

2. The petitioners in W.P.(C) No.21218/2015 are the present lessees (holding over) of a commercial building and the period of the lease in the lease in their favour by the Jama-ath has admittedly expired in the year 2015. The commercial building which is an immovable wakf property comprises of three floors and the same houses a furniture shop, a restaurant and a ladies hostel in the independent floors thereof. They challenge the notification dated 05.10.2016 issued by the Kerala State Wakf Board inviting tenders to occupy the tenanted premises for the ensuing period on certain terms and conditions. It is their case that a fresh bid cannot be conducted since they are entitled to preference in the renewal of the lease particularly when they have invested heavily in the business. They have an alternative contention in that the value of the improvements effected by them have to be paid in the event of their eviction and that an abrupt dispossession would throw their business out of gear. The pet

















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