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2009 Supreme(Online)(KER) 19702

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
P I SIMON SO ITTOOP – Appellant
Versus
ANTONY SO LATE LASERKUTTY -DO – Respondent


J U D G M E N T

Heard both sides. In respect of a shop room admittedly belonging to the appellant taken on rent by deceased respondent No.1 (whose legal representatives are respondents Nos. 2 to 9) appellant, St. Antony's Roman Catholic Church sued for eviction with rent arrears in the court of learned Munsiff, Chavakkad in O.S. No.682 of 1994. Though various contentions were raised by deceased respondent No.1, learned Munsiff rejected the contentions and granted decree in favour of appellant for eviction with rent arrears and interest payable thereon. Deceased respondent No.1 took up the matter in appeal before learned District Judge, Thrissur in A.S. No.188 of 1998. By that time, a Division Bench of this Court in K.K. Krishna Pillai v. Infant Jesus Church, Ernakulam (2000 (1) KLT 197) held that exemption provided under Section 25 (1) of Act 2 of 1965 is applicable only to building or class of buildings specifically or generally exempted and not to buildings owned by any individual/institution or organisation referred to therein. In the light of that decision, learned District Judge after hearing both parties found that in respect of the shop room in question no such special or ge

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