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2026 Supreme(Ker) 34

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S.
Hill Top Plantations, Rep. By Its Partner Alex Joseph – Appellant
Versus
Emoor Bhagavathy Devaswom – Respondent


Advocates Appeared:
For the Petitioner: Sri. T.Sethumadhavan (Sr.) (B/O.) Shri. Jacob Sebastian Smt.Preethy R. Nair
For the Respondent: Shri.P.B.Krishnan (Sr.) Sri.Sabu George, Sri. P.B.Subramanyan, Sri.Lakshmy Narayan

JUDGMENT :

PRELUDE- [Dispute Involved in the Appeals]

Emoor Bhagavathy Devaswom, represented by its Executive Officer, instituted a suit, OS No.94/2001 on the files of Additional Sub Court, Palakkad, for recovery of possession based on the strength of the title. According to the Devaswom, the 30 years of period of lease had expired and that since the Government had not accorded sanction for renewal of the lease, eviction is inevitable. The defendants (lessees) also instituted various suits seeking specific performance and mandatory injunction directing the Devaswom to renew the lease after the expiry of the 30 years based on the clause which provided for renewal of the lease at the option of the lessee. Alternatively, a plea for compensation for the improvements made was also raised. The trial court decreed the suit filed by the Devaswom and dismissed the suits filed by the defendants. The defendants appealed against the decree in the suit for recovery of possession and the dismissal of the suits for specific performance. The first appellate court dismissed both the appeals, but however granted compensation for the improvements made by the tenants. The questions which this Court is r



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