The main legal point established in the judgment is the exemption of Hindu Religious and Charitable Endowments from certain sections of the Kerala Buildings (Lease and Rent Control) Act, and the legal obligation of tenants to vacate the building on termination of tenancy.

JUDGMENT :

A. BADHARUDEEN, J.

1. This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No. 66 of 2014 dated 18.09.2019 on the files of the Court of the District Judge, Palakkad arose from the decree and judgment in O.S. No. 541 of 2012 dated 31.10.2013 on the files of the Court of the Principal Munsiff, Palakkad. The appellant is the defendant and the respondent is the plaintiff in O.S. No. 541 of 2012.

2. Heard the learned counsel for the appellant and the learned senior counsel appearing for the respondent on admission. Perused the relevant materials and the verdicts under challenge.

3. I shall refer the parties in this appeal with reference to their status before the trial court.

4. In this matter, the suit was originally filed seeking the relief of mandatory injunction directing the defendant to surrender vacant possession of the plaint schedule shop room to the plaintiff, Sree Simhanatha Bhagavathy Devaswom. The plaintiff claimed Rs. 14,058/- as arrears of rent and also claimed Rs. 400/- per month as fee for damages for use and occupation from the date of termination of tenancy.

5. The defendant filed written statement and resisted the suit. The main contention raised is that the suit is not maintainable and the remedy of the plaintiff is to seek eviction as provided under Section 11 of the Kerala Buildings (Lease and Rent Control) Act.

6. The trial court raised necessary issues and tried the matter. PW-1 was examined and Exts.A1 to A7 marked on the side of the plaintiff. DW-1 was examined and Exts.B1 to B5 marked on the side of the defendant.

7. Finally, the trial court decreed the suit as under:

(a) The suit is decreed.

(b) The defendant is directed to surrender vacant possession of the plaint schedule building within 3 months from today, failing which the plaintiff is at liberty to execute the order at the costs of the defendant.

(c) The plaintiff is allowed to realise an amount of Rs. 14,058/- being arrears of rent from the defendant with 6% interest per annum.

(d) The plaintiff is entitled to get rent at the rate of Rs. 400/- per month from 01/09/2011 to 06/10/2011 and damages for use and occupation of the plaint schedule building after the termination of the lease also at the rate of Rs. 400/- per month from 06/10/2011 till the date of giving vacant possession.

(e) Plaintiff is entitled to get the costs of the suit from the defendant.

8. When appeal filed before the Appellate Court vide A.S. No. 66/2014, the Appellate Court also re-appreciated the evidence and concurred the finding of the trial court.

9. At the time of admission herein, a legal question is raised by the learned counsel for the defendant regarding the maintainability of the suit in view of the application of the provisions of the Kerala Buildings (Lease and Rent Control) Act, in the place where the plaint schedule shop room is situated. Accordingly, this appeal is admitted by formulating the following substantial questions of law:

(i) Whether the Hindu Religious and Charitable Endowments are exempted from the purview of provisions of the Kerala Buildings (Lease and Rent Control) Act?

(ii) Did the Courts below go wrong in granting decree ignoring any such legal bar?

10. The learned counsel for the defendant submitted that in as much as exemption sought for in paragraph No. 6 of the plaint contending that the plaintiff is a Hindu Religious and Charitable Endowment, there is no notification produced before the trial court and there is no notification available before this Court to see that the plaintiff, Sree Simhanatha Bhagavathy Devaswom, is a Hindu Religious and Charitable Endowment.

11. The learned counsel appearing for the plaintiff in reply has placed the book, Commentary on the Rent Control Laws in Kerala, written by Bobby Mani, 2017 edition. In page No. 462, Item No. 48, the buildings owned by (1) Temples/Dewaswoms of Gowda Saraswatha Br