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
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
Why Plaintiff Won:
The plaintiff established the tenant's default in rent payment and the lawful termination of the tenancy.
The plaintiff established the tenant's default in rent payment and the lawful termination of the tenancy.
Judgment Evidence:
In the result, the suit is decreed in part with proportionate costs.
Parties Involved
Plaintiffs
ARCHDIOCESE OF VERAPOLY (Age not specified years)
Latin Archbishop’s House, Kovilavattom Desom, Broadway, Ernakulam, Kochi – 682 031
Defendants
T.H.Nazar (70 years years)
Thottathil house, Karukappilly Junction, Elamakkara, Kochi – 682 026
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