Case Summary
The petitioners, consisting of C. K. Jinan and others, are seeking rent owed by the respondent, Kabeer. The court found that the respondent has defaulted on rent payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Directed the respondent to put the petitioner in vacant possession of the building forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the premises due to failure to comply with a previous order regarding rent payments. Further proceedings in the rent control petition were closed.
Why Plaintiff Won:
The respondent failed to comply with the court's order regarding the payment of admitted rent arrears.
The respondent failed to comply with the court's order regarding the payment of admitted rent arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the court's order regarding the payment of admitted rent arrears.
The respondent failed to comply with the court's order regarding the payment of admitted rent arrears.
Supporting Evidence
On perusal of materials on record, it is seen that order under Section 12 of the Kerala Building (Lease and Rent Control) Act was passed and the respondent has not complied with the order.
Judgment Evidence:
Hence this court is of the view that, the respondent having failed to comply with the order in IA.3/2025 and having failed to show sufficient cause for not depositing rent arrears is liable to suffer consequence under Section 12(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C. K. Jinan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- C. M. Chandrika
- Party Age
- 65
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- C. M. Lathika
- Party Age
- 63
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- C. M. Sunil
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Gautham Prakash
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kabeer
- Relation
- S/o
Plaintiffs Documents
Petition and associated documents regarding admitted rent arrears.
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya A.R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjitha Jobi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rosemaria Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sibi Karun
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the petitioner in vacant possession of the building forthwith.
Evidence:
Hence an order is passed under Section 12(3) of the Act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building forthwith.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between C. K. Jinan et al vs Kabeer regarding rent arrears
Case Code Year
Case between C. K. Jinan et al vs Kabeer regarding rent arrears