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2025 Supreme(Online)(Ker) 58815

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
PALA MUNICIPALITY – Appellant
Versus
THE PALA MARKETING COMPANY PVT. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Sujith Mathew Jose, SC, Pala Municipality, SRI.C.R.SYAMKUMAR
For the Respondents: Sri.Georgekutty Mathew, Caveator

J U D G M E N T

This appeal is filed by the Pala Municipality, aggrieved by the concurrent findings rendered by the Sub Court, Pala, in a suit for recovery of money as O.S No.17/2020, as affirmed by the IV Additional District Court, Kottayam, in A.S No.85/2022.

2. The brief facts necessary for the disposal of the appeal are as follows:-

2.1 The respondent-company entered into an agreement of lease in respect of 55 rooms in a shopping complex owned by the Pala Municipality. The agreement was for five years ending in 2013. The plaintiff had made a deposit of an amount of Rs.77,00,250/- as room security deposit and an amount of Rs.6,42,836/- as advance licence fee. On 27.12.2016, the municipality terminated the agreement and the building in question was surrendered on 01.04.2017. In the meantime, on 07.02.2017, the Engineering, Revenue and the Health Department of the Municipality conducted an inspection of the building and submitted a report. Thereafter, on 19.06.2017, the Municipal Council in its meeting took a decision to realise a sum of Rs.8,20,000/- as compensation to the damage caused to the building on the basis of the report submitted by engineering section under the defendant.

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