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Y/S.SCHOOL OF ENGINEERING versus THIRUVANANTHAPURAM DEVPT.AUTHORITY

High Court of Kerala

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Y/S.SCHOOL OF ENGINEERING v. THIRUVANANTHAPURAM DEVPT.AUTHORITY - OP No. 7573 of 1998(B) [2007] RD-KL 5620 (16 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 7573 of 1998(B)

1. Y/S.SCHOOL OF ENGINEERING
... Petitioner

Vs

1. THIRUVANANTHAPURAM DEVPT.AUTHORITY
... Respondent

For Petitioner :SRI.V.RAMACHANDRAN

For Respondent :SRI.PIRAPPANCODE V.SREEDHARAN NAIR

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :16/03/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

O.P. No. 7573 of 1998 B

Dated, this the 16th day of March, 2007



J U D G M E N T

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 1st respondent.

2. The petitioner took four rooms from the 1st respondent on lease in the year 1990. Later petitioner was given one room in 1992 and two rooms in 1993. The contract provides for escalation of rent at 10% every year, which was admittedly agreed by the petitioner at the time of taking the building on lease. However, there is provision in the contract enabling the 1st respondent to change the pattern of increase in rent and the 1st respondent in fact revised rent by providing for 10% increase in rent in every three years, which is a Standard Clause in many lease agreements. Petitioner obviously cannot have any grievance against refixation of rent with 10% increase in every three years. Admittedly, the petitioner has delayed payment of rent and is obviously liable to pay interest at agreed rate which is stated to be 12%. It is seen that even undisputed amount is not paid by the petitioner on account of pendency of this OP. Even though the revision of rent in every three years was introduced vide Ext.P6 only on 29/11/1995 O.P.No. 7573/1998 -Page numbers- and until then petitioner was liable to pay increased rent in every year, I feel, petitioner can be extended the benefit from the beginning of the lease period provided, petitioner clears the arrears with applicable rate of interest within a reasonable time. Accordingly, petitioner is granted six equal monthly installments to clear the arrears at revised rate as above on further condition that petitioner will start payment of monthly rent from April onwards without default. However, the 1st arrear installment will be paid on or before 30th of April and balance on or before last day of following five months. The 1st respondent is directed to rework arrears of rent from the beginning of lease period by adding 10% to the agreed rate in every three years commencing from beginning of the lease period along with interest at agreed rate after giving credit on due dates of payment and give statement of liability to the petitioner within a week from production of a copy of this judgment. If petitioner does not clear arrears as above, the waiver of annual rental increase granted conditionally above upto 29/11/1995 will stand automatically vacated on first default in payment of arrears of rent.

(C.N.RAMACHANDRAN NAIR, JUDGE.)

jg


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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