Case Summary
The petitioners, joint owners of 'Arammal Towers', filed a case against the respondents for allowing arrears of rent. The respondents had leased the premises for business but stopped paying the enhanced rent, leading to significant outstanding payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition scheduled building.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The respondents were found to be in default of agreed rent payments.
The respondents were found to be in default of agreed rent payments.
Judgment Evidence:
The petition is allowed; the respondent is directed to give vacant possession of the petition scheduled building to the petitioners within 30 days from today.
Parties Involved
Plaintiffs
Charly A. J (70 years)
Arammal House, Edappally. Ernakulam 682025
Ms. Anju Charly (24 years)
Arammal House, Edappally, Ernakulam – 682025
Alex Sunny (35 years)
Arammal House, Azad Road, Kaloor, Ernakulam 682017
Defendants
M/s. Koyako Hospitality & Entertainment Inc (Age not specified years)
Kaloor - Kadavanthara Road, Kaloor, Ernakulam - 682017
Sri. Noorul Hijaz Tharola (33 years)
Tharola House, P. C. Road Lane, Azad Road, Ernakulam-682017
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents were directed to give vacant possession of the petition scheduled building.
Evidence:
The petition is allowed as follows; (i)The respondent is directed to give vacant possession of the petition scheduled building to the petitioners within 30 days from today under Section 11(2)(b) of the Act.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was issued to demand payment of rent arrears from the respondents.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the original reply notice received from the respondents regarding the legal notice.
Reference:
Ext.A2
Document Type:
Receipt of KSEB Bills
Submitted By:
Plaintiff
Relevance:
These receipts show the remittance of KSEB bills, supporting the plaintiffs' claims.
Reference:
Ext.A3 series
Document Type:
Receipts of KSEB Bills
Submitted By:
Plaintiff
Relevance:
These original receipts demonstrate further remittance of KSEB bills.
Reference:
Ext.A4 series
Document Type:
Certified Copy of the plaint
Submitted By:
Defendant
Relevance:
This document relates to OS No. 1208/2020 filed for the recovery of the security deposit.
Reference:
Ext.B1
Document Type:
Certified Copy of Counter Claim
Submitted By:
Defendant
Relevance:
This document supports the defendant's objections and claims related to the security deposit.
Reference:
Ext.B2
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Photocopy of the power of attorney which shows the authority to represent in this matter.
Reference:
Ext.B3
Document Type:
Whatsapp Message
Submitted By:
Defendant
Relevance:
This printout discusses the refund of the security deposit, relevant to the respondents' claims.
Reference:
Ext.B4
Document Type:
Order of Cancellation
Submitted By:
Defendant
Relevance:
This document indicates the cancellation of registration and its relevance to the business operation.
Reference:
Ext.B9
Document Type:
KSEB Bills
Submitted By:
Defendant
Relevance:
This bill shows the electricity consumption on the premises, indicating continuity of operations.
Reference:
Ext.B10
Document Type:
KSEB Bills
Submitted By:
Defendant
Relevance:
Another bill showing the electricity consumption during the period in question.
Reference:
Ext.B11
Document Type:
KSEB Bills
Submitted By:
Defendant
Relevance:
Yet another relevant bill reflecting the ongoing utility usage during the tenancy.
Reference:
Ext.B12
Document Type:
Consumer Profile
Submitted By:
Defendant
Relevance:
Shows the KSEB consumer profile, which could reflect account activity during the tenancy.
Reference:
Ext.B13