Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
R.C.P. No. 43/2023

Case between Church of South India Trust Association et al vs Dinesh V. Pai et al regarding eviction petition under Kerala Buildings (Lease and Rent Control) Act, 1965

Court
THIRD ADDITIONAL MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2025-02-07
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Petition filed by the Church of South India Trust Association for eviction of Dinesh V. Pai's business due to rent default. Respondent claimed exemption under government notification for minority religious institutions.

Judgment Outcome

Defendant Won
Interim Order
Rent control petition found not maintainable, dismissed for lack of jurisdiction.
Judgment Favored
Defendant
Relief Granted
Case Type
Petition under Section 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act, 1965
Final Judgment
No
Rent control petition found not maintainable, dismissed for lack of jurisdiction.
Key Reasoning:
Lack of jurisdiction due to exemption of plaintiff under government notification.
Why Defendant Won:
Lack of jurisdiction due to exemption of plaintiff under government notification.
Supporting Evidence
The respondent proved that the petitioner belonged to a minority religion as per government notifications exempting certain categories from the Act.

Judgment Evidence:

null

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Church of South India Trust Association
Relation
Represented by Rt. Rev.B.N. Fenn, S/o. late Dr. B.N. Fenn, Bishop in Cochin Diocese
Party Role
Plaintiff
Party Name
Rev. Praise Thaiparambil
Relation
S/o. Mr. Cherian T.C., Clergy Secretary, Cochin Diocese
Party Role
Plaintiff
Party Name
Rajan Jacob
Party Age
55
Relation
Diocesan Treasurer & Attorney, C.S.I Diocese office
Party Role
Defendant
Party Name
Dinesh V. Pai
Relation
Managing Partner, M/s. Pai & Company
Party Role
Defendant
Party Name
M/s Pai & Company
Relation
Represented by Mr. Dinesh V. Pai, Managing Partner
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.R. Vinod
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M.S. Letha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Bindu Krishna
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anu Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswin Venugopal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Roshin Ipe Joseph
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Not Decided
Description:
Petition filed for eviction under Section 11(2)(b) of the Act
Evidence:
Court ordered petition dismissal due to jurisdiction issue

Documents & Evidence

Document Type: Indian Companies Act
Submitted By: Plaintiff
Relevance:
Petitioners constituted under Indian Companies Act
Reference:
Document Type: Notification No.SRO.435/92 and SRO No.769/96
Submitted By: Defendant
Relevance:
Exemption of buildings under Government notification
Reference:
Document Type: AIR 2001 SC 2543
Submitted By: Court
Relevance:
Supreme Court judgement validating exemption notifications
Reference:

Case Classification

Case Type
Petition under Section 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act, 1965
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Church of South India Trust Association et al vs Dinesh V. Pai et al regarding eviction petition under Kerala Buildings (Lease and Rent Control) Act, 1965
Case Code Year
Case between Church of South India Trust Association et al vs Dinesh V. Pai et al regarding eviction petition under Kerala Buildings (Lease and Rent Control) Act, 1965

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Church

Similar Cases

Case between Infant Jesus Church et al vs P. Vijayaraghavan regarding eviction and arrears of rent
II Additional Munsiff Court, Ernakulam
Civil Suit Plaintiff Won
Case between Infant Jesus Church et al vs Haseetha Venugopal regarding eviction and arrears of rent
I Additional Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between Infant Jesus Church et al vs Southern Law Chambers et al regarding eviction, arrears of rent and damages.
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between St. Gervasis & Prothasis Synodal Church et al vs Jolly Varghese regarding recovery of possession and arrears of rent
Court of Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between St. Francis Xavier Church et al vs Sajan. N.P. regarding realization of money
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Civil Suit Plaintiff Won