Mangaluru: A judgement by the Mangaluru civil court has directed a three-star hotel in the city to hand over the property to a charity institution within 30 days and also pay compensation and interest to the institute. The verdict comes as the hotel management was facing charges of continuing to occupy the property even after the lease period had expired.

The judgment dated February 15 was pronounced by Pushpalatha, the third additional senior civil judge of Mangaluru civil court.

St Antony Charity Institutes, which runs several orphanages and has been carrying on several other social works for the poor and the deprived had let out 1.70 acres of land near Milagres Church for 50 years, as per term lease deed dated September 23, 1961 on an annual rental of Rs 852. The agreement was that the lessee is entitled to put up structures but liable to surrender possession of the property together with buildings or other improvements on the expiry of 50 years from the date of the lease deed. The agreement also has a clause that lease can be renewed between the tenant and St Antony Charity Institute if the tenant is agreeable to pay fair and reasonable rent.

However, when the institute desired to get back the land on expiry of the lease on Oct 10, 2011, the tenant moved court for renewal of the lease for another 50 years on a renewed rental of Rs 50,000 per annum, which it thought was fair and reasonable.

The Institutes filed the suit for possession in OS No 144/2011 through its senior advocate M P Noronha from Manu Advocates.

On behalf of St Antony Charity Institutes Msgr Denis Moras Prabhu gave evidence. The tenant also gave his evidence. After the oral and documentary evidences from both the parties, the matter was decided in favour of St Antony Charity Institutes.

Fr Onil D’Souza, present director of St Antony Charitable Institutes, has welcomed the order.