Case Summary
The plaintiff, Kanjiappally Service Co-operative Bank, has filed a suit against the defendant, Manu Dominic, for eviction and recovery of rent arrears. The case involves disputes over unpaid rent and the legality of the tenancy agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit by the plaintiff, ruling that it was not maintainable under the Kerala Co-operative Societies Act.
Key Reasoning:
The court found that the dispute was within the jurisdiction of the Co-operative Arbitration Court, not the civil court.
The court found that the dispute was within the jurisdiction of the Co-operative Arbitration Court, not the civil court.
Why Defendant Won:
The court found that the dispute was within the jurisdiction of the Co-operative Arbitration Court, not the civil court.
The court found that the dispute was within the jurisdiction of the Co-operative Arbitration Court, not the civil court.
Supporting Evidence
The suit is not maintainable before this court and the suit is liable to be dismissed.
Judgment Evidence:
In the result, the suit is dismissed with cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kanjiappally Service Co-operative Bank Ltd.
- Relation
- represented by Secretary in Charge Shyju K. Francis
- Party Role
- Defendant
- Party Name
- Manu Dominic
- Party Age
- 33
- Relation
- S/o Dominic V.J.
Plaintiffs Documents
Sale deed Nos. 2802/73, 1166/69, 3568/70 and 69/64 of the SRO, Kanjirappally; building tax and land tax receipts; lawyers notices demanding arrears of rent.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Darly M. Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bilu G.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
Plaintiff seeks eviction of the defendant from the premises.
Evidence:
Hence, the suit is dismissed with cost.
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff claims arrears of rent of Rs.1,24,527/-.
Evidence:
The claim of the plaintiff with respect to the arrears of rent is vague and there is no proof before the court to ascertain that the rent to be paid by the defendant is Rs.1483/- per month.
Relief Type:
Damages
Outcome:
Refused
Description:
Plaintiff claims mesne profits at the rate of Rs.4000/- per month.
Evidence:
The claim of the plaintiff that he is entitled to get Rs.4000/- per month since 01.07.2019 is unacceptable.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
To establish ownership of the property in which the shop room is situated.
Reference:
Ext.A1 to A1(c)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
To show the plaintiff is paying tax for the building.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
To show the plaintiff is paying land tax for the property.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
To evidence the demand for arrears of rent.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
To evidence the demand for arrears of rent and termination of the agreement.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
To evidence the demand for mesne profits and vacating the premises.
Reference:
Ext.A6
Document Type:
Decision of the Administrator
Submitted By:
Plaintiff
Relevance:
To show authorization for the Secretary to file cases against tenants.
Reference:
Ext.A10
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
To show that the present Secretary is authorized to represent the bank.
Reference:
Ext.A11
Document Type:
Oral Evidence
Submitted By:
Defendant
Relevance:
Defendant did not present any documentary evidence.
Reference:
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2019