SREENIVASAN EMBRANDIRI Vs. KRISHNAN NAMBOODIRI
LAWS(KER)-1974-11-8
HIGH COURT OF KERALA
Decided on November 21,1974

SREENIVASAN EMBRANDIRI Appellant
VERSUS
KRISHNAN NAMBOODIRI Respondents

JUDGEMENT

- (1.) There are no grounds to interfere in this case. Both the lower Tribunals have found that the building occupied by the petitioner is not a hut. The cost of construction was found to be more than Rs. 750/- and the rental at the time of construction was also found to be more than Rs. 5/-. This finding is a finding of fact and it is not shown to be erroneous in law or improper. Further the occupation by the petitioner of the building is in his capacity of a Santhikaran employed in the respondent Devaswom. As a servant of that temple and to carry out his duties as such servant he is allowed or required to occupy the building. Such an 'occupation' of a servant for the purpose of his employment is not intended to be covered by that expression in Clause.25 of S.2 of the Act. The word "occupy" has only a limited meaning. With respect, I agree with the conclusion of Iyengar J. in the case reported in 1958 KLT 543 , and hold that the occupation of the petitioner here is not independent of his obligation as a servant and as such not protected. Only independent occupations are covered by the word 'occupy' in Clause.25 of S.2 of the Act. I dismiss the petition.;


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