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O.S No. 68/2023

Case between ARCHDIOCESE OF VERAPOLY vs T.H.Nazar regarding recovery of vacant possession and arrears of rent

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-02-07
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, ARCHDIOCESE OF VERAPOLY, is seeking the recovery of vacant possession of a building from the defendant, T.H.Nazar, who has defaulted on rent payments. The defendant is contesting the suit, claiming the eviction process should be handled in a Rent Control Court.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in part, granting the plaintiff recovery of vacant possession, arrears of rent, and damages for unauthorized occupation.
Judgment Favored
Plaintiff
Relief Granted
Recovery of vacant possession, realization of arrears of rent at Rs.1000/- pm and damages for use at Rs.1500/- pm.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in part, granting the plaintiff recovery of vacant possession, arrears of rent, and damages for unauthorized occupation.
Why Plaintiff Won:
The plaintiff established the tenant's default in rent payment and the lawful termination of the tenancy.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The defendant is liable to pay rent to the plaintiff @Rs.1000/-pm w.e.f. 1.2.2020 till the surrender vacant possession of the plaint schedule property.

Judgment Evidence:

In the result, the suit is decreed in part with proportionate costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
ARCHDIOCESE OF VERAPOLY
Relation
represented by
Party Role
Defendant
Party Name
T.H.Nazar
Party Age
70
Relation
S/o
Plaintiffs Documents
Rent deed dated 01.02.1987, Copy of lawyer notice dated 05.12.2022, Reply notice dated 15.12.2022
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
L.Alosius Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C.Dilip
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Recovery of vacant possession of the plaint schedule building.
Evidence:
The plaintiff is entitled to recovery of vacant possession of the building from the defendant after terminating the tenancy arrangement with the defendant.
Relief Type: Recovery
Outcome: Granted
Description:
Realization of arrears of rent at the rate of Rs.1000/- per month.
Evidence:
The plaintiff is entitled to realization of arrears of rent @Rs.1000/- pm. for the last 35 months from 1.2.2020.
Relief Type: Damages
Outcome: Granted
Description:
Damages for use and occupation of the plaint schedule building.
Evidence:
The plaintiff is also entitled to Rs.1500/- as damages for use and occupation of the plaint schedule building after termination of tenancy.
Relief Type: Other
Outcome: Granted
Description:
Proportionate costs of the suit.
Evidence:
The suit is decreed in part with proportionate costs.

Documents & Evidence

Document Type: Rent Deed
Submitted By: Plaintiff
Relevance:
The document evidences the rental agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
The notice served to the defendant terminating the tenancy and demanding surrender of vacant possession.
Reference:
Ext.A2
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
The document counters the defendant's claims regarding the condition of the property.
Reference:
Ext.A3
Document Type: Unclaimed Notice
Submitted By: Plaintiff
Relevance:
The document related to notice served in connection with the case proceedings.
Reference:
Ext.A4

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 vs T.H.Nazar regarding recovery of vacant possession and arrears of rent
Case Code Year
Case between ARCHDIOCESE OF VERAPOLY vs T.H.Nazar regarding recovery of vacant possession and arrears of rent

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
75%

Involved Entities

Archdiocese

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