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Original Suit No. 521 OF 2013

Case between Shanavas et al vs Vodafone Essar Cellular Ltd. et al regarding rent arrears

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-12-21
Duration
4 years
Case Closed
Thu, 12/21/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff filed a suit seeking rent arrears for a property leased to the defendant company for cell phone tower installation. Defendants denied the existence of a valid lease agreement.

Judgment Outcome

Defendant Won
Interim Order
The suit was dismissed with costs as there was no concluded lease agreement to claim rent arrears.
Judgment Favored
Defendant
Relief Granted
Not Decided
Case Type
Suit for realization of Money
Final Judgment
No
The suit was dismissed with costs as there was no concluded lease agreement to claim rent arrears.
Key Reasoning:
There was no valid lease agreement created, so no entitlement to rent arrears.
Why Defendant Won:
There was no valid lease agreement created, so no entitlement to rent arrears.
Supporting Evidence
In all these cases the referred circumstances are different. The person in possession can, however, lead evidence, not in terms of the void contract, but independent of it which may justify an inference of tenancy from month to month.

Judgment Evidence:

The main contention of the defendant is that there is no concluded lease agreement coupled with possession so as to make the defendant company liable to pay any rent. The case of the plaintiff is that the lease agreement is for a period of 15 years.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shanavas
Party Age
30
Relation
S/o. Abdurahiman Haji
Party Role
Plaintiff
Party Name
Abdurahiman Haji
Party Age
64
Relation
S/o. Unneen Haji
Party Role
Defendant
Party Name
Vodafone Essar Cellular Ltd. Head Net Work
Party Role
Defendant
Party Name
General Manager, Vodafone Essar Cellular Ltd.
Plaintiffs Documents
Copy of Lawyer Notice, Copy of permission to install Tele Communication Tower, Letter to the Secretary, Irumbiliyam Grama Panchayath, among others
Defendants Documents
Copy of Letter dt; 23-3-2009 from the Secretary, Irumbiliyam Grama Panchayath

Advocates

Reliefs

Relief Type: Not Decided
Outcome: Not Decided
Description:
Claim for rent arrears
Evidence:
The main contention of the defendant is that there is no concluded lease agreement coupled with possession so as to make the defendant company liable to pay any rent. The case of the plaintiff is that the lease agreement is for a period of 15 years.

Documents & Evidence

Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendants claiming arrears of rent
Reference:
A1
Document Type: Copy of permission to install Tele Communication Tower
Submitted By: Plaintiff
Relevance:
Permission obtained for tower installation
Reference:
A2
Document Type: Letter to the Secretary, Irumbiliyam Grama Panchayath
Submitted By: Plaintiff
Relevance:
Correspondence regarding the property
Reference:
A3
Document Type: Copy of Order in WP(c) 26456 of 2007
Submitted By: Plaintiff
Relevance:
Court order related to the case
Reference:
A4
Document Type: Copy of Letter dt; 2-11-2007 from the Principal Secretary to Government
Submitted By: Plaintiff
Relevance:
Letter from the Government official
Reference:
A5
Document Type: Copy of Circular dated 13-3-2009
Submitted By: Plaintiff
Relevance:
Circular document
Reference:
A6
Document Type: Copy of Letter dt; 23-3-2009 from the Secretary, Irumbiliyam Grama Panchayath
Submitted By: Defendant
Relevance:
Correspondence from Panchayath received by defendant
Reference:
B1

Case Classification

Case Type
Suit for realization of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Shanavas et al vs Vodafone Essar Cellular Ltd. et al regarding rent arrears
Case Code Year
Case between Shanavas et al vs Vodafone Essar Cellular Ltd. et al regarding rent arrears

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 12/21/2013 - 12:00
Case Closed
Thu, 12/21/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

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