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2023 Supreme(Online)(KER) 6986

HIGH COURT OF KERALA
AMIT RAWAL, J
SAKKARIYA
– Appellant
Versus

RELIANCE JIO INFOCOM LIMITED – Respondent


Advocates:
K.M.FIROZ, ABDUL VAHID, G.HARIKUMAR (GOPINATHAN NAIR), AKHIL SURESH, ANU BALAKRISHNAN NAMBIAR

O R D E R

Petitioner is the owner of the property having 9.71 Ares in Block No.42, Survey No.103/1A of Kunnamangalam Village, Kozhikode Taluk as per the title deed No.254 of 1997 of Sub Registrar Office, Chathamangalam.

2. Petitioner had entered into an agreement with respect to the property admeasuring 1550 sq.ft on 6.11.2014 with respondent for the purpose of installation, operation and maintenance of single or multiple transmission tower/pole/mast for telecommunication 4G Broadband Services and related equipments. Respondent is stated to have occupied the premises at the rate of Rs.18,000/- per month with 15% enhancement every three years. Respondent had paid the consideration / rent till 30th January 2016 and kept the same in arrears from there onwards.

3. Learned counsel appearing on behalf of the petitioner submitted that vide communication dated 23.7.2020, A2 respondent terminated the lease agreement and demanded a sum of Rs.11,04,030/- after tax deductions towards arrears of rent. Thereafter, on 27.11.2020, respondent had caused a notice of termination without referring to Annexure A2 notice stating that, the lease was terminated with effect from 26.12.2020 Annexure A3. Claus

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