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R.C.P. No. 95/2023

Case between Chakolas Spinning & Weaving Mills Pvt. Ltd. et al vs Pothen Vehicles & Services Pvt. Ltd. et al regarding eviction petition under the Kerala Buildings (Lease and Rent Control) Act, 1965.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Sri. Reghunath N.S.
Order Date
2024-02-23
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Chakolas Spinning & Weaving Mills Pvt. Ltd. and others filed a petition for eviction against Pothen Vehicles & Services Pvt. Ltd. and others for non-payment of rent. The court found the respondents in default and ordered eviction.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the eviction of the respondents for non-compliance with rental payment orders. The tenant is directed to vacate the property in favor of the landlord.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant and possession of the property granted to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the eviction of the respondents for non-compliance with rental payment orders. The tenant is directed to vacate the property in favor of the landlord.
Why Plaintiff Won:
The respondents failed to comply with the court's order to pay arrears of rent.
Losing Side's Weaknesses:
The respondents failed to comply with the court's order to pay arrears of rent.
Supporting Evidence
Counsel for petitioner submitted that respondent did not pay arrears of rent as directed in IA 04/2023.

Judgment Evidence:

Tenant/respondent is directed to put the landlord/petitioner in possession of the petition schedule property under Section 12 (3) of the Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Chakolas Spinning & Weaving Mills Pvt. Ltd.
Relation
Represented by
Party Role
Plaintiff
Party Name
M/s. Palu Brothers
Relation
Represented by
Party Role
Plaintiff
Party Name
John L. Chakola
Party Age
63
Relation
S/o
Party Role
Plaintiff
Party Name
Ouseph L. Chakola
Party Age
61
Relation
S/o
Party Role
Plaintiff
Party Name
Mathew L. Chakola
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Pothen Vehicles & Services Pvt. Ltd.
Party Role
Defendant
Party Name
Ashok Harry Pothen
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Pothen Autos Pvt. Ltd.
Plaintiffs Documents
No specific documents mentioned.
Defendants Documents
No specific documents mentioned.

Advocates

Party Role
Plaintiff
Advocate Name
Rahul Kandampully
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Moly E.V.
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Tenant/respondent is directed to put the landlord/petitioner in possession of the petition schedule property under Section 12 (3) of the Act.
Evidence:
Hence, entire proceedings in the rent control petition stands closed. Tenant/respondent is directed to put the landlord/petitioner in possession of the petition schedule property under Section 12 (3) of the Act.

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
Non-payment of rent
Case Code
Case between Chakolas Spinning & Weaving Mills Pvt. Ltd. et al vs Pothen Vehicles & Services Pvt. Ltd. et al regarding eviction petition under the Kerala Buildings (Lease and Rent Control) Act, 1965.
Case Code Year
Case between Chakolas Spinning & Weaving Mills Pvt. Ltd. et al vs Pothen Vehicles & Services Pvt. Ltd. et al regarding eviction petition under the Kerala Buildings (Lease and Rent Control) Act, 1965.

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
100%

Involved Entities

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