Case Summary
Antony Thomas, the petitioner, is seeking possession of a rental property due to non-payment of rent by the respondent K.P. Venugopal, who has also sublet the property without permission. The respondents did not appear in court, leading to an exparte hearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for rent arrears and ordered the respondents to deliver possession of the property to the petitioner within 30 days.
Why Plaintiff Won:
The petitioner's claim of unpaid rent and unauthorized subletting was supported by uncontradicted evidence.
The petitioner's claim of unpaid rent and unauthorized subletting was supported by uncontradicted evidence.
Losing Side's Weaknesses:
The petitioner's claim of unpaid rent and unauthorized subletting was supported by uncontradicted evidence.
The petitioner's claim of unpaid rent and unauthorized subletting was supported by uncontradicted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established his case as pleaded by him. It is seen that the rent is in arrears and also that the respondent has sublet the petition schedule building in violation of Ext. A1.
Judgment Evidence:
In the result: The petition is allowed u/s 11(2)(b) and 11(4) of the Act as follows: The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Antony Thomas
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.P. Venugopal
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nandji Thakur
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer's notice dated 24.04.2024, Acknowledgment cards
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondents are directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(4) of the Act as follows: The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The order passed under Section 11(2)(b) shall be subject to provisions under Section 11(2)(c) of the Act.
Evidence:
The order passed under Section 11(2)(b) shall be subject to provisions under Section 11(2)(c) of the Act.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to realize costs of the suit from the respondents.
Evidence:
The petitioner is entitled to realize costs of the suit from the respondents.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondent regarding the rent arrears and subletting issue.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This is an original acknowledgment card serving as evidence of receipt of the lawyer's notice.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This is another original acknowledgment card serving as evidence.
Reference:
Ext.A3
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
This photograph depicts the petition schedule building but was rejected due to lack of certification.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Antony Thomas vs K.P. Venugopal et al regarding rent arrears and subletting
Case Code Year
Case between Antony Thomas vs K.P. Venugopal et al regarding rent arrears and subletting