Supreme Court · 1997 INSC 215 · Decided 3 March 1997

The Secretary, Taliparamba Education Society v. Moothedath Mallisseri Illath M.N. and ORS.

Court
Supreme Court of India
Citation
1997 INSC 215 · [1997] 2 S.C.R. 620
Case number
CIVIL APPEAL No. 1872/1997
Decided
3 March 1997
Bench
K. RAMASWAMY, G.T. NANAVATI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

Lease-{]ser of leased propertJTenns of lease-Deed stipulating that lessor cannot claim to recover property so long as it is used for the purpose of educational institution-Notice of tennination given-Subsequently suit C filed on the grounds of trespass into property and user thereof for cultural initially under the lease, a right of property was actually granted-Trial court and appellate court recorded concurrent findings that inf act there was no trespass and there is no misuse or contravention of tenns of the lease-Though some shops were constmcted on the land and some of the rooms

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