Daijiworld Media Network - Mangaluru

Mangaluru, Feb 17: In a landmark judgment, the Mangaluru civil court has ordered the occupier of a three-star hotel to surrender the hotel and the appurtenant land within 30 days and also directed to pay compensation and interest to St Antony Charity Institutes for continuing to occupy the property even after the lease period expired.

The judgment was pronounced by Pushpalatha, the third additional senior civil judge of Mangaluru civil court.

St Antony Charity Institutes is running an Ashram for the poor, downtrodden, destitute and orphans. It is providing free food, shelter, clothing and medicines for the inmates of the Ashram. It had let out 1 acre and 70.5 cents of land for a period of 50 years as per term lease deed dated September 23, 1961 on an annual rental of Rs 852 with a condition that the lessee is entitled to put up structures but liable to surrender possession of the property together with buildings or other improvements on the expiry of 50 years from the date of the lease deed. It also contained a clause that 'lease can be renewed for a further period as may be agreed between the St Antony Charity Institutes and the tenant, in case tenant is agreeable to pay fair and reasonable rent'.

St Antony Charity Institutes

Immediately after the expiry of 50 years, on October 10, 2011, St Antony Charity Institutes filed the suit for possession in OS No 144/2011 through its senior advocate M P Noronha from Manu Advocates. The tenant had filed a suit for the renewal of lease for a further period of 50 years stating that he is ready to pay reasonable rentals of Rs 50,000 per annum since he was earlier paying only Rs 852 per annum.

On behalf of St Antony Charity Institutes Msgr Denis Moras Prabhu gave evidence. The tenant also gave his evidence. After the oral and documentary evidences from both the parties, the matter was decided in favour of St Antony Charity Institutes. The case of St Antony Charity Institute was upheld and the case of the tenant was dismissed.

Judge Pushpalatha, as per judgment dated February 15, directed the tenant to surrender vacant possession of the property along with the building within 30 days and also directed to pay compensation.

Fr Onil D’Souza, present director of St Antony Charitable Institutes, has welcomed the order stating that it is victory of orphans and destitute of St Antony Ashram.