Victory for St Anthony Charity Institutes! 3-Star Hotel Owner Loses Case
Mangaluru: A long legal battle between St Anthony Charity Institutes, Jeppu-Mangaluru and owner of a three-star hotel on Falnir Road-Mangaluru had ended with the judge ordering the hotel owner to surrender the hotel and the surrounding premises within 30 days, and also pay the Ashram the compensation along with interest from the day the hotel lease ended after 50 years. The judgment was pronounced by the Third Additional Senior Civil Judge of Mangaluru Civil Court, Pushpalatha. The lease for the hotel was given on September 23, 1961, and the lease ended on 11 October 2011.
Fr Onil D’Souza-Director of St Anthony Charity Institutes speaking to Team Mangalorean said, ” The hotel property owned by Milagres Church-Mangaluru was given to St Anthony Charity Institutes on Mulgeni Act. The property where the hotel is situated is on a 1 acre and 70.5 cents of land and was leased to them on 50 years term lease deed dated September 23, 1961. The annual rental during then was Rs 852, and the lessee was entitled to put up any additional structures or remodelling but under the condition mentioned in the lease deed, the lessee has to surrender possession of the property together with buildings or other improvements when the lease expires after 50 years. But the lease deed included a clause stating that ‘lease can be renewed for a further period only if the owner of the property (the St Antony Charity Institutes) agrees provided the tenant agrees to pay fair and reasonable rent”.
The 3-Star Hotel?
“Since we didn’t want to extend the lease for a further period after the expiry date, St Anthony Charity Institutes on October 10, 2011, filed the suit for possession in OS No 144/2011 through our lawyer. In the meantime the hotel owner had also filed a suit for the renewal of lease for a further period of 50 years and agreeing to pay reasonable rent of Rs 50,000 annually, instead of Rs 852 which the tenant was paying annually earlier On behalf of our Ashram Msgr Denis Moras Prabhu gave evidence, while the tenant also gave his evidence. But St Anthony was on our side granting us the favor. On 15 February 2018, the Judge Pushpalatha ruled the case on behalf of the Ashram, and dismissed the case of the tenant, ordering the tenant to vacate the premises within 30 days from the judgment date, and also pay compensation. I am overwhelmed by this court judgment because this is a victory for all the inmates at the Ashram “added Fr Onil.
But sources reveal that the tenant can also appeal on the recent court judgement.
