R.C.P. No.157/2023

Case between Dr. M.N Subramanian et al vs M/s Jigucheon Pvt Ltd et al regarding Rent Control Petition

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM

Judge

SMT. REEJA R. NAIR.

Order Date

2025-02-21

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The petitioners, Dr. M.N Subramanian and Mrs. K.M Saraswathy, filed a rent control petition against M/s Jigucheon Pvt Ltd and others for non-compliance with payment of rent arrears. The court found that the respondents failed to comply with the order to deposit the rent, leading to adverse actions against them.

Judgment Outcome

Plaintiff Won

Interim Order

The court ordered the respondents to vacate the premises due to failure to comply with the payment orders. Consequently, all proceedings in the rent control petition were halted.

Judgment Favored

Plaintiff

Relief Granted

Ordered the respondent to put the petitioner in vacant possession of the building within 30 days.

Case Type

Rent Control Petition

Final Judgment

The court ordered the respondents to vacate the premises due to failure to comply with the payment orders. Consequently, all proceedings in the rent control petition were halted.

Why Plaintiff Won:
The respondents failed to comply with the court's order regarding rent payment.

Losing Side's Weaknesses:
The respondents failed to comply with the court's order regarding rent payment.

Supporting Evidence

The full bench of the Hon'ble High court held that consequence provided under Section 12(3) follows when there occurs a default in complying the direction for deposit or payment of admitted arrears.

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 within 30 days.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Dr. M.N Subramanian
Party Age: 75
Relation: S/o

Party Role: Plaintiff
Party Name: Mrs. K.M Saraswathy
Party Age: 70
Relation: W/o

Party Role: Defendant
Party Name: M/s Jigucheon Pvt Ltd
Relation: Represented by

Party Role: Defendant
Party Name: Ms. Hyeonju Park

Party Role: Defendant
Party Name: Mr. Jongman Park

Party Role: Defendant
Party Name: Mrs. Deepa Aruja
Relation: W/o

Plaintiffs Documents

Affidavit of non-compliance, previous court orders

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Philip T. Varghese
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Thomas T. Varghese
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Shubha Abraham
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Nitya R.
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Urmila M.G
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Thahseem. A.
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Vishnu Satheesan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Kallyani G. Menon
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Amala Purushothaman
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Gayathi Vijayan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Rineesha Rajkumar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: T.B. Thankappan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: T.T. Harikumar
Appearance Type: Main Counsel

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

Directing the respondent to put the petitioner in vacant possession of the building within 30 days.

Evidence:

Documents & Evidence

Document Type: Order

Submitted By: Court

Relevance:

This order relates to the compliance of payment of admitted arrears by the respondent.

Reference:

IA 3/2023

Case Classification