Case Summary
Dr. Jossy Chacko filed a petition against Mrs. Smitha S. Naik concerning non-compliance with rent payment orders under the Kerala Buildings (Lease and Rent Control) Act. The court found that the respondent failed to comply with the previous orders and thus stopped all further proceedings.
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 decided to stop all further proceedings in the rent control petition due to the respondent's failure to comply with previous orders.
Why Plaintiff Won:
The respondent failed to show sufficient cause for not complying with the order.
The respondent failed to show sufficient cause for not complying with the order.
Losing Side's Weaknesses:
The respondent failed to show sufficient cause for not complying with the order.
The respondent failed to show sufficient cause for not complying with the order.
Supporting Evidence
The respondent having failed to comply with the order in IA 2/2023 and having failed to show sufficient cause for not depositing rent arrears in liable to suffer consequence under section 12(3) of the Act.
Judgment 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Jossy Chacko
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Smitha S. Naik
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Rent Control Petition, Affidavit.
Defendants Documents
Affidavit of non-compliance.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vipin D.G.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karol Mathew Sebastian Alencherry
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Daniel A.J.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Blaze K. Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aafina Santhosh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nikhil Sanjay
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Treesa Rose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The court directed the respondent 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 Dr. Jossy Chacko vs Mrs. Smitha S. Naik regarding rent control.
Case Code Year
Case between Dr. Jossy Chacko vs Mrs. Smitha S. Naik regarding rent control.