The courts below have concurrently granted a decree for eviction of the defendant from the plaint schedule building. The courts below have categorically found that the lease has been validly terminated as per Section 106 of the Transfer of Property Act. The courts below have also noticed that the object of the plaintiff Society is the development of handloom business and welfare of its members who are weavers. The finding of the courts below that the suit is not barred under Section 69 of the Kerala Co-operative Societies Act is correct and calls for no interference.
2. There is no question of law much less any substantial question of law in this regular second appeal. I however grant the defendant time till 30.04.2015 to surrender the plaint schedule building to the plaintiff. This is subject to the following conditions:-
i) The defendant shall file an affidavit in the execution court undertaking to vacate the premises unconditionally on or before 30.04.2015.
R.S.A. No. 1161 of 2014 2
ii) The defendant shall discharge the entire arrears of rent before 30.11.2014 and shall continue to pay damages for use and occupation at the same rate till handing over vacant possession to the plaintiff.
3. The plaintiff/respondent is at liberty to apply for review of this judgment if aggrieved by the time granted to the defendant/appellant to vacate the plaint schedule building.
The Regular Second Appeal is dismissed.
V.CHITAMBARESH JUDGE DCS