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O.S No. 1044/2022

Case between ARCHDIOCESE OF VERAPOLY vs France C. Mundadan regarding recovery of vacant possession and arrears of rent.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-02-24
Duration
approximately-2 years 4 months

Judgement document from eCourt website

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Case Summary

The Archdiocese of Verapoly is seeking recovery of vacant possession and arrears of rent from its tenant, France C. Mundadan. The case involves issues of tenancy agreements and payment of rental dues.

Judgment Outcome

Plaintiff Won
Interim Order
The court held that the tenancy has been validly terminated and ordered the defendant to vacate the premises while awarding some arrears at a specified rate.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the plaint schedule property and an order for payment of rent at the rate of ₹500 per month.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided valid termination notice under the Transfer of Property Act, which was upheld by the court.

Judgment Evidence:

In the result, the defendant is directed to hand over vacant possession of the plaint schedule property to the plaintiff within one month from the date of the judgment.

Parties Involved

Plaintiffs

ARCHDIOCESE OF VERAPOLY (Age not specified years) Latin Archbishop’s House, Kovilvattom Desom, Broadway, Ernakulam, Kochi – 682 031

Defendants

France C. Mundadan (52 years) 2nd Floor, Morning Star Building, Ernakulam, Kochi – 682 018, now at Popular Packaging, Industrial Development Plot, Angamaly South, PIN – 683 573

Reliefs

Relief Type: Recovery
Outcome: Partly Granted
Description:
Claim for arrears of rent and damages.
Evidence:
The plaintiff is entitled to recover arrears of rent from the defendant with respect to the time period from 01.10.2019 to 01.04.2021 at the rate of 500/- per month.
Relief Type: Possession
Outcome: Granted
Description:
Recovery of vacant possession of the plaint schedule property.
Evidence:
The defendant is directed to hand over vacant possession of the plaint schedule property to the plaintiff within one month from the date of the judgment.

Documents & Evidence

Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Notified the defendant to surrender the vacant possession of the property.
Reference:
Ext.A1
Document Type: Photocopy of the Receipt
Submitted By: Defendant
Relevance:
Served to establish the rent payments made by the defendant.
Reference:
Ext.B1
Document Type: Photocopy of the Cheque
Submitted By: Defendant
Relevance:
Provided as evidence of past rent payment and payment methods.
Reference:
Ext.B5
Document Type: Certified copy of Order
Submitted By: Unknown
Relevance:
Relevant to the plaintiff's claim regarding prior rent control proceedings.
Reference:
Ext.A3, Ext.A4
Document Type: Oral Evidence
Submitted By: Court
Relevance:
Testimonies and counters by both plaintiff and defendant.
Reference:

Quick Facts

Location
Ernakulam, Kochi
Case Filed
Wed, 08/31/2022 - 12:00
Outcome Confidence
90%

Involved Entities

Archdiocese

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