IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 AS.No. 530 of 2000(E) --------------------- OS.97/1996 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): PLAINTIFF: ------------------------------------------ VALSALA LAKSHMI, W/O.RADHAKRISHNAN NAIR, KIZHAKKETHIL HOUSE, KAVUMPADY ROAD, MUVATTUPUZHA. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENT(S): DEFENDANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM P.O. 2. CHIEF ENGINEER PROJECT II, THIRUVANANTHAPURAM. 3. SUPERINTENDING ENGINEER, M.V.I.P. MUVATTUPUZHA. 4. EXECUTIVE ENGINEE, M.V.I.P. DIVISION III, MUVATTUPUZHA. R1 TO R4 BY SR.GOVERNMENT PLEADER SRI. P.K.BABU THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... A.S.NO.530 OF 2000 ............................................. Dated this the 27th day of May, 2010. J U D G M E N T This is an appeal preferred against the judgment and decree in O.S.No.97/1996 of the Subordinate Judge's Court, Muvattupuzha. The suit is one for realisation of the amount by way of interest on delayed payment and the trial court after a full fledged trial had dismissed the suit. It is against that decision, the plaintiff has come up in appeal. 2. The building which belonged to the plaintiff was handed over to the PWD department for the purpose of running its office on 1.10.1991. The plaintiff wanted the rent to be fixed at Rs.6,000/= per month. The building was in occupation of the defendants from 1.10.1991 to 31.1.1993 i.e., for 15 months. During the said period the rent was not fixed. Ultimately the landlord moved a writ petition before this Court and this Court by Ext.A1 judgment had directed the Government to pay rent at the rate of Rs.4,500/= per month pending final decision. This Court also on the basis of an agreement made by the Chief Engineer directed to fix the rent at Rs.4,800/= and get it ratified. Unlike other : 2 : A.S.NO.530 OF 2000 private leaseholds, there is lot of procedural formalities to be observed in fixing the rent for a building occupied by a Government department. The carpet area, the plinth area, rent prevalent in the locality etc have to be taken into consideration and a report has to be submitted which may have to go to the Government for finally fixing the rent. The landlord who leased a building to the Government is totally conscious of the said fact. So in furtherance of understanding all these matters, the landlord has handed over the building to the Government. Even at the time of surrender, unfortunately the rent for the building has not been fixed. But by virtue of the intervention of this Court in a writ petition covered by Ext.A1, Government was forced to accept and fix the rent at Rs.4,800/=. But the Government has obeyed the directions of this Court and had given the money at the rate of Rs.4,800/= per month. Normally in a governmental lease, interest is not granted for the delayed payment because of the procedural formalities one has to undergo. Always it is a healthy sign to fix the rent immediately so that the landlord will get rent at the : 3 : A.S.NO.530 OF 2000 earliest. Because of the various procedural entanglements, sometimes it gets delayed and knowing all these facts persons are leasing out the building to the Government. Since there is an absolute compliance of the order of this Court even without waiting for a real determination, the Government in this case had fixed the rent suggested by the Court and had paid the rent without undue delay. Therefore, it is not desirable to grant interest for the delayed payment and therefore I agree with the finding of the trial court and dismiss the appeal but without costs. M.N. KRISHNAN, JUDGE. cl : 4 : A.S.NO.530 OF 2000 M.N. KRISHNAN, J. ..................................... A.S.NO.530 OF 2000 ...................................... 27th day of May, 2010. J U D G M E N T