JESSY ANTONY Vs. TATA TEA COMPANY LTD

JUDGEMENT

(1.) THE 2nd defendant in O.S. No.123 of 2004 of Munsiff's Court, Devikulam is aggrieved by the decree for recovery of possession of the building referred to in the plaint schedule as confirmed by the Sub Court, Thodupuzha in A.S. No.2 of 2006.

(2.) THE 1st respondent-plaintiff claimed title over the building referred to in the plaint schedule and alleged that the said building was allotted to the 2nd respondent-1st defendant for his occupation at the time he was an employee of the 1st respondent. The 2nd respondent retried from the service on 30.09.2002 but his services were extended till 31.12.2003 on contract basis. Under the terms of the agreement, the 2nd respondent was bound to vacate the building within 30 days from 30.10.2003. As he did not do so a notice was issued to the 2nd respondent demanding vacant possession. He replied that the building was allotted to his brother and after his death, the appellant-2nd defendant is residing in the said building. Hence the suit.

(3.) THE trial court negatived the contentions of the appellant and 2nd respondent and granted a decree. That was confirmed by the first appellate court.