Case Summary
The plaintiff, Archdiocese of Verapoly, filed a suit against the defendant, Paul E Joseph, for recovery of vacant possession and arrears of rent of a tenanted premises. The plaintiff claims that the defendant defaulted in rent payments and unlawfully continued to occupy the premises after the termination of tenancy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of vacant possession of the premises, arrears of rent from 01.06.2023 with 12% interest, and damages for use and occupation at the rate of Rs.3,460/- per month.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting recovery of vacant possession of the tenanted premises along with the entire arrears of rent from June 2023 and damages for use and occupation.
Why Plaintiff Won:
The plaintiff established their case through unchallenged evidence demonstrating the defendant's default on rent payments and unlawful occupation.
The plaintiff established their case through unchallenged evidence demonstrating the defendant's default on rent payments and unlawful occupation.
Losing Side's Weaknesses:
The plaintiff established their case through unchallenged evidence demonstrating the defendant's default on rent payments and unlawful occupation.
The plaintiff established their case through unchallenged evidence demonstrating the defendant's default on rent payments and unlawful occupation.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Plaintiff is entitled for recovery of vacant possession of the plaint schedule building after termination of the tenancy and to recover the entire arrears of rent from 01.06.2023 till date with 12% interest and damages for use and occupation of the tenanted premises after termination of tenancy at the rate of Rs.3,460/- per month.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Archdiocese of Verapoly
- Party Role
- Defendant
- Party Name
- Paul E Joseph
- Relation
- S/o
Plaintiffs Documents
Lease deed dated 01.12.2007, Copy of termination notice dated 02.08.2023, Acknowledgment card dated 03.08.2023, Certified copy of Power of Attorney No.148/2022, Lease deed for the 3rd floor.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- L Aloysius Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of vacant possession of the plaint schedule building after termination of the tenancy and to recover the entire arrears of rent from 01.06.2023 till date with 12% interest and damages for use and occupation of the tenanted premises at the rate of Rs.3,460/- per month.
Evidence:
In the result, suit is decreed on the following terms. 1) Plaintiff is entitled for recovery of vacant possession of the plaint schedule building after termination of the tenancy and to recover the entire arrears of rent from 01.06.2023 till date with 12% interest and damages for use and occupation of the tenanted premises at the rate of Rs.3,460/- per month.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to plaintiff.
Evidence:
2) Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Original of lease deed dated 01.12.2007 executed between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Termination Notice
Submitted By:
Plaintiff
Relevance:
A copy of lawyer notice dated 02.08.2023 issued by the counsel for the plaintiff to the defendant terminating tenancy and demanding arrears of rent.
Reference:
Ext.A2
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgement card dated 03.08.2023 of item No.2 lawyer notice.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the power of attorney No.148/2022 of Ernakulam SRO.
Reference:
Ext.A4
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The lease deed agreement for the 3rd floor of the building wherein the defendant is occupying.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Archdiocese of Verapoly et al vs Paul E Joseph regarding recovery of vacant possession and arrears of rent.
Case Code Year
Case between Archdiocese of Verapoly et al vs Paul E Joseph regarding recovery of vacant possession and arrears of rent.