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
Judgment Favored
Defendant
Relief Granted
Not Decided
Case Type
Suit for realization of Money
Final Judgment
No
Key Reasoning:
There was no valid lease agreement created, so no entitlement to rent arrears.
There was no valid lease agreement created, so no entitlement to rent arrears.
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
Plaintiffs
Shanavas (30 years)
Thudimmal House, Irimbiliyam amsom, desom, and Post, Tirur Taluk
Abdurahiman Haji (64 years)
Thudimmal House, Irimbiliyam amsom, desom, and Post, Tirur Taluk
Defendants
Vodafone Essar Cellular Ltd. Head Net Work (Age not specified years)
1st Floor, Mather Squire, Opp. North Railway Station, Ernakulam 682 018
General Manager, Vodafone Essar Cellular Ltd. (Age not specified years)
Indus Towers Ltd., VII/568, 2nd Floor, SL Avenue, N.H. Bye Pass Road 47, Kundannoor, PO. Maradu, Cochin 682 304
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