Case Summary
The petitioners, Chacko Varughese and Christy J Varughese, are the owners of a commercial property and have filed a petition against Mrs.S.VALSA for defaulting on rent payments. The respondent has failed to pay the due rent since June 2021, resulting in significant arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered that the respondent must vacate the leased property and allow the petitioners to regain possession of the premises within 30 days. The petition was allowed in favor of the petitioners.
Why Plaintiff Won:
The petitioners provided clear evidence of unpaid rent and the respondent's failure to comply with legal notices.
The petitioners provided clear evidence of unpaid rent and the respondent's failure to comply with legal notices.
Losing Side's Weaknesses:
The petitioners provided clear evidence of unpaid rent and the respondent's failure to comply with legal notices.
The petitioners provided clear evidence of unpaid rent and the respondent's failure to comply with legal notices.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A7 established their case as pleaded by them. It shows that the rent is in arrears.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(4)(iii) of the Act with costs...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chacko Varughese alias N.C.Varughese
- Party Age
- 87
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Christy J Varughese
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs.S.VALSA
- Party Age
- 78
- Relation
- W/o
Plaintiffs Documents
Certified copy of power of attorney dated 04.05.2012, Original Lease Deed No.2027/2021 dated 15.04.2021, Copy of lawyer’s Notice dated 12.08.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Animon A. John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shan V. Shine
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.S. Manu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.A. Anupaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.B. Sivaprasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.Y. Vijayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manju E.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anandhu Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Alint Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The court directed the respondent to hand over possession of the petition schedule building to the petitioners.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled to get the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes the authority of the petitioner to act on behalf of the second petitioner.
Reference:
Ext.A1
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Provides the terms of the lease agreement that was violated.
Reference:
Ext.A2
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Supports the claim related to the lease.
Reference:
Ext.A3
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Provides additional lease terms pertinent to the claim.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Details the notice sent to the respondent about the default in rent.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer's notice.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending notices related to the case.
Reference:
Ext.A7
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Chacko Varughese alias N.C.Varughese, Christy J Varughese vs Mrs.S.VALSA regarding rent arrears
Case Code Year
Case between Chacko Varughese alias N.C.Varughese, Christy J Varughese vs Mrs.S.VALSA regarding rent arrears