Case Summary
The case involves a rent control petition filed by the Church Of South India Trust Association against Smt. Biji Aji for recovery of possession of a building due to non-payment of rent. The petitioner claims that the respondent has not paid rent since January 2020 and is continuing to occupy the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, and the respondent is directed to vacate the property within three months.
Why Plaintiff Won:
The petitioner established ownership and the respondent's non-payment of rent.
The petitioner established ownership and the respondent's non-payment of rent.
Losing Side's Weaknesses:
The petitioner established ownership and the respondent's non-payment of rent.
The petitioner established ownership and the respondent's non-payment of rent.
Supporting Evidence
The petition averments, affidavit and the documents would establish the case of the petitioner. There is no evidence to rebut the evidence adduced on the side of the petitioner.
Judgment Evidence:
In the result, the petition is allowed as follows: The counter petitioner/respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3 (three) months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Church Of South India Trust Association
- Party Role
- Plaintiff
- Party Name
- Rev. Jiji John Jacob
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rev. Aniyan K. Paul
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Biji Aji
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Notarised Copy of Power of Attorney, Copy of the Lease Deed, Office copy of the Lawyers Notice, Postal Receipts, Acknowledgment Cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Itty T.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3 months.
Evidence:
In the result, the petition is allowed as follows: The counter petitioner/respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3 months from today.
Documents & Evidence
Document Type:
Notarised copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the petitioner's representatives.
Reference:
Ext.A1
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This document outlines the lease agreement terms between the petitioner and respondent.
Reference:
Ext.A2
Document Type:
Office copy of the Lawyers Notice
Submitted By:
Plaintiff
Relevance:
This document evidences the formal notice sent to the respondent demanding rent arrears.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms the dispatch of the lawyer's notice to the respondent.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card acknowledges the receipt of the lawyer's notice by the respondent.
Reference:
Ext.A5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Church Of South India Trust Association vs Smt. Biji Aji regarding recovery of possession of rented property.
Case Code Year
Case between Church Of South India Trust Association vs Smt. Biji Aji regarding recovery of possession of rented property.