Biju Varghese vs Bijo Thomas
2021 Latest Caselaw 19330 Ker

   OP(C).1294/21                        1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
 TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                         OP(C) NO. 1294 OF 2021
PETITIONER/S:

            BIJU VARGHESE
            AGED 46 YEARS
            S/O VARGHESE,
            THAIPPARAMBIL HOUSE,
            CHOTTUPARA P.O,
            THOOKUPALAM KARA,
            PARATHODE VILLAGE,
            UDUMBANCHOLA TALUK,
            IDUKKI DISTRICT.

            BY ADVS.
            TOM JOSE
            GEETHA JOB(OZHUKAYIL)
            JOBIN JOLLY
            HARSHADEV M.
            NIMMY MURALI K.


RESPONDENT/S:

            BIJO THOMAS
            AGED 44 YEARS
            S/O THOMAS,
            THAYYIL HOUSE, TEEKOY P.O,
            TEEKOY VILLAGE,
            MEENACHIL TALUK,
            KOTTAYAM DISTRICT.

            BY ADVS.
            DINESH THANKAPPAN
            I.J.JOSEPH


     THIS     OP    (CIVIL)    HAVING   COME   UP    FOR    ADMISSION    ON
14.09.2021,     THE    COURT    ON   THE    SAME    DAY    DELIVERED    THE
FOLLOWING:
    OP(C).1294/21                     2




                            V.G.ARUN, J.
             -----------------------------------------------
                    O.P(C).No. 1294 of 2021
             -----------------------------------------------
         Dated this the 14th day of September, 2021

                            JUDGMENT

The petitioner is the defendant in O.S.No.87 of 2020 on the

files of the Munsiff's Court, Adimali and is aggrieved by Exhibits P9

and P10 orders. The short facts are that, a cardamom-cum-coffee

plantation belonging to the petitioner was leased out to the

respondent. As there arose a dispute between the parties

regarding payment of licence fees, the respondent filed the suit for

a permanent prohibitory injunction restraining the petitioner and

his men from forcibly evicting the respondent from the plaint

schedule property, otherwise than through due process of law. The

petitioner filed a detailed written statement and contended that

there is no cause of action for filing the suit. By Exhibit P9 order,

the trial court held that the issue regarding cause of action cannot

be decided as a preliminary issue. Simultaneously, Exhibit P10

order was passed restraining the petitioner and his men from

interfering with the possession of the plaint schedule property

unlawfully and from committing waste therein until disposal of the

suit.

2. Heard the learned counsel for the petitioner and the

learned counsel for the respondent.

3. The learned counsel for the petitioner submitted that the

pendency of the suit and continuance of the injunction order is

causing substantial prejudice, inasmuch as the respondent is

occupying the petitioner's property beyond the period of licence,

that too without paying any amount towards licence fee.

4. Learned counsel for the respondent submitted that the

respondent has expended huge amounts for maintaining and

developing the property and unless the lease period is continued,

he will be put to immense loss. It is submitted that the respondent

is willing to deposit an amount of Rs.4,20,000/-, being the licence

fee for the period 2019-2020, within a period of fifteen days. The

learned counsel for the parties submitted that the parties will co-

operate with the trial court for an early disposal of the suit.

5. Having heard the learned counsel on either side and

having perused the relevant documents and the impugned orders, I

deem it appropriate to direct the Munsiff's Court, Adimali to

dispose of O.S.No.87 of 2020 within an outer limit of three months

from the date of receipt of a copy of this judgment. The suit shall

be decided, based on the evidence tendered by the parties and

uninfluenced by the findings in Exhibit P10.

The original petition is disposed of as above.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF OP(C) 1294/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 19.01.2017 WITH INVENTORY LIST.

Exhibit P2 TRUE COPY OF THE PLAINT IN O.S.NO.87/2020 OF MUNSIFF'S COURT, ADIMALY.

Exhibit P3 TRUE COPY OF THE AGREEMENT DATED 22.11.2018 BETWEEN THE PETITIONER AND THE RESPONDENT.

Exhibit P4 TRUE COPY OF THE AGREEMENT DATED 18/08/2020 BETWEEN THE PETITIONER AND THE RESPONDENT.

Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT OF THE PETITIONER/DEFENDANT DATED 14.12.2020.

Exhibit P6 TRUE COPY OF THE COMMISSION REPORT DATED 14.12.2020 FILED IN O.S. 87/2020 OUT BY THE PETITIONER.

Exhibit P7 TRUE COPY OF THE AMENDMENT APPLICATION I.A.NO.2/2021 PREFERRED BY THE RESPONDENT/PLAINTIFF IN O.S.NO.87/2020.

Exhibit P8 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER / DEFENDANT IN O.S.NO. 87/2020.

Exhibit P9 TRUE COPY OF THE ORDER OF THE LEARNED TRIAL COURT DATED 25.01.2021 IN THE MATTER OF PRELIMINARY ISSUE RAISED BY THE COURT.

Exhibit P10 TRUE COPY OF THE ORDER IN I.A.NO.1/2020 DATED 25.01.2021 PERTAINING TO TEMPORARY INJUNCTION.