JOSEPH Vs. BENNY J. ARICATT

JUDGEMENT

(1.) The petitioner is the defendant and the respondent is the plaintiff in the suit O.S.No.38/2019 on the file of the Munsiff's Court, Chalakkudy. The petitioner is the plaintiff and the respondent is the fourth defendant in the suit O.S. No. 871/2016 on the file of the same court.

(2.) The main relief sought in the suit O.S.No.871/2016 is for granting a decree of declaration that document No. 1440/2015 of the S.R.O, Annamanada executed by the first plaintiff in favour of the second defendant in respect of the plaint schedule property is only a document of security for the loan availed by the plaintiffs from the second defendant and that as per document No.1676/2016 executed in favour of the fourth defendant by the other defendants in respect of the plaint schedule property, the defendants have got no right, title or interest in that property.

(3.) The respondent, who is the fourth defendant in the suit O.S.No.871/2016, had filed a petition for eviction against the petitioner as R.C.P. No. 30/2017 in the Rent Control Court, Chalakkudy seeking eviction of the petitioner from the building in the plaint schedule property. The petitioner herein raised a plea in the petition for eviction denying the title of the respondent herein and also denying landlord-tenant relationship between them. The Rent Control Court found that the denial of title of the respondent by the petitioner is genuine and dismissed R.C.P.No.30/2017.