Case Summary
The petitioner, Tata Oil Mills Co. Ltd. Staff Association, seeks eviction of the respondent, Gandhian Sangadanakalude Ekopana Samithi, based on non-payment of rent. The court examined the relationships and agreements between the parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition scheduled building and payment of costs.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner proved the existence of a landlord-tenant relationship, established due rent arrears, and valid lease agreements.
The petitioner proved the existence of a landlord-tenant relationship, established due rent arrears, and valid lease agreements.
Judgment Evidence:
The petitioner is directed to give vacant possession of the petition scheduled building to the petitioner within 30 days from today under Section 11(2)(b) of the Act.
Parties Involved
Plaintiffs
Tata Oil Mills Co. Ltd. Staff Association (Age not specified years)
Tata Pipe line Road, Ayyappankevu Cochin-18
Defendants
Gandhian Sangadanakalude Ekopana Samithi (Age not specified years)
Muthirna Pouranmarude Pakalveedu, Door No.68/2822, Tata Pipe line Road, Ayyappankevu
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the respondent from the property due to non-payment of rent.
Evidence:
The petitioner is entitled to get an order of eviction under section 11(2)(b) of the Act.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.1789/1977 establishing ownership of the property.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Certified copy of letter dated 08.12.2014 issued by the respondent.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Certified copy of letter dated 12.01.2016 issued by the respondent.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Certified copy of letter dated 02.02.2017 issued by the petitioner to the respondent.
Reference:
Ext.A4
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Certified copy of the minutes of general body meeting dated 15.04.2017.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in OS.713/2018 relevant to the tenancy.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer’s notice dated 13.12.2021 issued by the petitioner to the respondent.
Reference:
Ext.A8
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Minutes of general body meeting dated 05.06.2017 used to support defendant's claims.
Reference:
Ext.B1
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter dated 06.02.2017 relevant to the case, showing correspondence with petitioner.
Reference:
Ext.B2
Document Type:
Memorandum of Association
Submitted By:
Defendant
Relevance:
Memorandum of Association used to establish the legal standing of the respondent.
Reference:
Ext.B3
Document Type:
Certificate of Incorporation
Submitted By:
Court
Relevance:
Certified copies used to establish the respondent's incorporation and legal legitimacy.
Reference:
Ext.X1
Document Type:
Application
Submitted By:
Court
Relevance:
Application submitted by the General Secretary relevant to the case.
Reference:
Ext.X2 series