George Thayyil, Vs Cheraman Juma Masjid — Kerala HC (2025) — LawSathi Research

George Thayyil, Vs Cheraman Juma Masjid — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Wakf Board's eviction-and-damages order set aside; monthly rent fixed at Rs.30,000/- from 01.04.2025; parties to execute a fresh lease agreement on the fresh rate of rent with 10% enhancement after three years; interim stay qua eviction until the new lease agreement is executed.

Issue for consideration

Whether the Kerala State Wakf Board's order of eviction and damages (payment of double the amount) against the petitioner should be set aside, and on what terms the tenancy of the 4000 sq.ft premises should continue. +1 more

Court's answer

The Court set aside the order of the Wakf Board (eviction and damages).

Ratio / Principle

Monthly rent fixed at Rs.30,000/-, payable from 01.04.2025 and to continue thereafter.

Key takeaways

The parties shall enter into a fresh lease agreement on the fresh rate of rent, with an enhancement of 10% after three years.ratio¶36
Until the new lease agreement is executed, there shall be an interim stay qua eviction of the petitioner.ratio¶40

Detailed headnote1 paragraphs

HIGH COURT OF KERALA AT ERNAKULAM — W.P.(C) No. 27085 of 2024, decided 18.03.2025 — Amit Rawal & K. V. Jayakumar JJ (judgment by Amit Rawal, J.). Petitioners George Thayyil and Johns Biwheelers (trade name: Johns Honda), tenants of 4000 sq.ft premises on a lease from Cheraman Juma Masjid (Jama Ath), faced eviction proceedings initiated by the Chief Executive Officer, Kerala State Wakf Board under Section 54 of the Act following a complaint under Section 54(3) dated 25/10/2022 (Exhibit P1) and the petitioner's objection dated 26.07.2023 (Exhibit P2); the pleaded ground was that lease money of Rs.20,000/- was far below the asserted market rent of Rs.90,000/-, and the Wakf Board passed an order of eviction and damages requiring payment of double the amount. On the petitioner's willingness to pay market rent (urged at around Rs.32,000 to Rs.35,000), the Court disposed of the writ petition by setting aside the order of the Wakf Board, fixing monthly rent at Rs.30,000/- payable from 01.04.2025, directing the parties to enter into a fresh lease agreement on the fresh rate of rent with an enhancement of 10% after three years, and granting an interim stay qua eviction of the petitioner until the new lease agreement is executed.

2025:KER:22937

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE AMIT RAWAL

&

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

TUESDAY, THE 18^TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

WP(C) NO. 27085 OF 2024

PETITIONER/S:

1 GEORGE THAYYIL, AGED 53 YEARS S/O. ABRAHAM THAYYIL, THAYYIL (H), IX/204, THATHAMPALLY P.O., ZILLA COURT WARD, ALAPPUZHA, PIN - 688013

2 JOHNS BIWHEELERS,

(TRADE NAME: JOHNS HONDA), THAYYIL (H), IX/204, THATHAMPALLY P.O., ZILLA COURT WARD, ALAPPUZHA REPRESENTED BY ITS PARTNER JOHN THAYYIL, PIN - 688013

BY ADVS. JOB ABRAHAM A.KUMAR (SR.)

RESPONDENT/S:

1 CHERAMAN JUMA MASJID, REPRESENTED THOUGH ITS SECRETARY, KODUNGALLUR – SHORNUR ROAD, ARAKULAM, KODUNGALLUR P.O.,THRISSUR, PIN - 680664

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W.P.(C)No.27085 of 2024

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2 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, ERNAKULAM, PIN - 682017

3 ABDUL JAMAL ( SOUGHT TO BE IMPLEADED ) S/O. KUNJIMAKKAR, CHIRACKAL HOUSE, KANDAMKULAM P.O., KODUNGALLUR, THRISSUR DISTRICT ( SOUGHT TO BE IMPLEADED )

BY ADVS. Jamsheed Hafiz P.A.ABDUL JABBAR MAJEED C A K.H.ASIF(K/478/2007) MOLTY MAJEED(K/418/2007) P.B.UNNIKRISHNAN NAIR(K/445/2012) SHERIN BIJU(K/004057/2023) MUHAMMED SHAFFI SHAHIM BIN AZIZ

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Amit Rawal, J.

Respondent No.1, Jama Ath, had submitted a request to the Wakf Board for eviction of the petitioner occupying the premises on the basis of the lease granted by the Jama Ath. Pursuant to that, the Chief Executive Officer, as per Section 54 of the Act, initiated eviction proceedings against the petitioner in respect of the premises having area of 4000 sq.ft, paying lease money of Rs.20,000/-. The ground for eviction was that the market rate of rent of the area is Rs.90,000/-, whereas the petitioner is paying a paltry amount of Rs.20,000/- on an area of 4000 sq.fts. Considering this, Wakf Board had passed an order of eviction and damages, ordering the petitioner to pay double the amount.

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Mr.Job Abraham, learned counsel appearing on behalf of the petitioner submitted that the market rate of rent in the area is around Rs.32,000 to Rs.35,000. Since the petitioner is an old tenant, the respondents cannot charge Rs.90,000/-. Also, petitioner is willing to

increase the rate of rent subject to the lease agreement.

expressed no aversion in increasing the rent as per the market value.

aside the order of the Wakf Board, by fixing the monthly rent at Rs.30,000/- which will be paid from the 1st of April, 2025 and continue to be paid. The

parties shall enter into a fresh lease agreement on the fresh rate of rent with an enhancement of 10%

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W.P.(C)No.27085 of 2024 5

after 3 years. Till such time the new lease

agreement is executed, there shall be an interim stay qua eviction of the petitioner.

Writ petition stands disposed off.

Sd/AMIT RAWAL, JUDGE

sd/-

Scl/

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APPENDIX OF WP(C) 27085/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT FILED UNDER SECTION 54(3) DATED: 25/10/2022 ALONG WITH ITS TRUE ENGLISH TRANSLATION

Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 26.07.2023

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04.06.2024 IN W.P.C. NO. 19949/2024 OF THIS HONOURABLE COURT

Exhibit P4 TRUE COPY OF THE ORDER DATED 01.07.2024 OF THE 1ST RESPONDENT

RESPONDENT ANNEXURES

Annexure- R3(a) TRUE COPY OF MEMBERSHIP PASS BOOK ISSUED BY THE 1ST RESPONDENT JAMA-ATH. Annexure- R3(b) TRUE TRANSLATION OF ANNEXURE- R3(A). Annexure- R3(c) TRUE COPY OF REPRESENTATION DT: 07.12.2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R1-A A true copy of the letter dated 20/11/2013 issued to the petitioners along with its translation

RESPONDENT ANNEXURES

Annexure A4 TRUE TRANSLATION OF ANNEXURE- R3(C).