MANOJ Vs. INFANT JESUS CHURCH

JUDGEMENT

(1.) This appeal is directed against the order of the learned single Judge dismissing E.F.A. 13/1999. The appellant claimant filed E.A. 1368/97 in E.P. 466/95 in O.S. 919/92 before the Sub Court, Ernakulam, and it was dismissed. Against the above order, the appellant filed E.F.A. 13/99 and the learned single Judge dismissed the same. Aggrieved by the above judgment, the appellant filed this appeal.

(2.) The appellant filed E.A. 1368/97 in E.P. 466/95 in O.S. 919/92 before the Sub Court, Ernakulam, under O.21 R.99 C.P.C., setting up independent agency over the plaint schedule building. It was alleged that the appellant was a tenant of room No. 40/5006 of Cochin Corporation as the landlord- the 6th respondent, Fr. Francis D'Silva, Parish Priest of the Infant Jesus Church, Broadway, Ernakulam, had let it out to him on an oral arrangement of lease at a monthly rent of Rs.2000/- and also receiving from him an amount of Rs.40,000/- towards security deposit and thus he was in occupation of the building. It was further alleged that on 15.12.1997,the Amin from the court along with other persons came to the room and demanded him to vacate the premises. The appellant was not a party to any of the proceedings and was occupying the room from 1996 onwards as a tenant under the 6th respondent and hence his right, title and interest over the building has to be adjudicated under R.101 of O.21 C.P.C. He filed E.A. 1382/97 also for directing the 6th respondent to produce certain documents.

(3.) The claim put forward by the appellant was resisted by the respondents landlords contending that the petition was filed in collusion with the judgment debtor to delay the delivery of the decree schedule building and the appellant was only an employee and agent of the judgment debtor. It was further contended that the appellant had no independent right or interest over the building and the allegations of payment of security deposit and the oral entrustment of the building were false and hence denied.