SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(Ker) 210

PIUS C.KURIAKOSE
Perinigottukara Namboothiri Yogakshema Sabha – Appellant
Versus
Mrs. Sreelatha Radhakrishnan – Respondent


Judgment :-

This Transfer Petition seeks transfer of a petition for eviction under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 presently pending before the Rent Control Court, Ernakulam, over to the Subordinate Judge’s Court, Thrissur for the purpose of joint trial with a mortgage suit pending before that court. The petitioners are the respondents in the Rent Control Petition. Petitioners in the Rent Control Petition are the legal heirs of one Radhakrishnan who was the 7th defendant in the suit. The suit was for recovery of about Rs.15 lakhs allegedly advanced by the plaintiff-1st petitioner to the 10th defendant in the suit, a Trust by name Pallath Prabhakaran Master Memorial Trust. The Case of the plaintiff in the suit is that amounts were advanced to the defendants on the security of immovable properties mentioned in the schedule to the plaint, being equitably mortgaged in favour of the plaintiff. According to the petitioners, the building which is subject-matter of the R.C.P. is situated on one of the items of the plaint schedule property. The transfer of the R.C.P. is sought on the ground that unless the R.C.P. and the suit are tried jointly, th








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top