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2022 Supreme(Ker) 382

ANIL K.NARENDRAN, P.G.AJITHKUMAR
T. Krishnakumar S/o. Amminikutty Amma – Appellant
Versus
Cochin Devaswom Board, Represented by the Secretary – Respondent


Advocates Appeared:
For the Petitioner: B. Krishna Mani, N.V. Sandhya, Dhanuja M.S.
For the Respondent:K.P. Sudheer Advocate, SC For CDB.

JUDGMENT :

Anil K. Narendran, J.

The petitioner is in occupation of a shop room bearing No.XIII/431 of Kodungallur Municipality, in a building owned by the 1st respondent Cochin Devaswom Board, which is located near Kodungallur Bhagavathi Temple, in which he is conducting a hotel by name 'Annapoorna'. According to the petitioner, the hotel was originally run by his father, Gangadharan, from the year 1980, on payment of a monthly rent of Rs.900/-. He died in the year 1986 and thereafter, the petitioner is conducting hotel in the said shop room. The document marked as Ext.P1 is a copy of the rental agreement dated 28.09.2007 executed between the 1st respondent Board represented by its Secretary on one part and the petitioner on the other part, in which monthly rent for the shop room, electrical fittings and accessories was fixed as Rs.3,370/-, for a period of three years from 01.02.2007, subject to the terms and conditions stipulated therein. As per the schedule to Ext.P1 rental agreement, the scheduled shop room in the Devaswom Building, which is assigned with Door No.XIII/431 of Kodungallur Municipality, is having a total area of 64.57 sq.mt. (695 sq.ft.). Ext.P3 is a copy of represe

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