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R.C.P. No. 156/2023

Case between Dr. M.N Subramanian et al vs M/s Su @ Park Institutions Pvt Ltd et al regarding Rent Control

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-10-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Dr. M.N Subramanian and K.M. Saraswathy, are the owners of a building leased to the respondents for running a restaurant. They filed a petition due to non-payment of rent and unauthorized changes made by the respondents.

Judgment Outcome

Plaintiff Won
Interim Order
The petition is allowed, directing the respondents to return possession of the leased property to the petitioners within 30 days and to pay costs to the petitioners.
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to put the landlord in possession of the building.
Case Type
Rent Control
Final Judgment
No
The petition is allowed, directing the respondents to return possession of the leased property to the petitioners within 30 days and to pay costs to the petitioners.
Why Plaintiff Won:
The petition was uncontroverted with no evidence presented by the respondents to refute the claims.
Losing Side's Weaknesses:
The petition was uncontroverted with no evidence presented by the respondents to refute the claims.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A3 to A5 established his case as pleaded by her. It is seen that the rent is in arrears from the respondents.

Judgment Evidence:

In the result: The petition is allowed u/s 11(2)(b) of the Act as follows: 1. The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Dr. M.N Subramanian
Party Age
75
Relation
S/o
Party Role
Plaintiff
Party Name
Mrs. KM Saraswathy
Party Age
70
Relation
W/o
Party Role
Defendant
Party Name
M/s Su @ Park Institutions 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
Copy of lease deed dated 17.08.2022, Copy of corrected lease deed dated 17.08.2022, Copy of lawyer's notice dated 26.04.2023, Reply notice dated 15.05.2023, Copy of rejoinder lawyer's notice dated 23.05.2023
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
Urmila M.G
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Thahseem. A.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Gayathri Vijayan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Kallyani G. Menon
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vishnu Satheesan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rineesha Rajkumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The respondents are directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act as follows: The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type: Other
Outcome: Granted
Description:
The order passed under Section 11(2)(b) shall be subject to provisions under Section 11(2)(c) of the Act.
Evidence:
The order passed under Section 11(2)(b) shall be subject to provisions under Section 11(2)(c) of the Act.
Relief Type: Other
Outcome: Granted
Description:
The petitioner is entitled to realize costs of the suit from the respondents.
Evidence:
The petitioner is entitled to realize costs of the suit from the respondents.

Documents & Evidence

Document Type: Lease Deed
Submitted By: Plaintiff
Relevance:
Copy of lease deed dated 17.08.2022, marked subject to proof but rejected due to lack of evidence.
Reference:
Ext.A1
Document Type: Lease Deed
Submitted By: Plaintiff
Relevance:
Copy of corrected lease deed dated 17.08.2022, marked subject to proof but rejected due to lack of evidence.
Reference:
Ext.A2
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer's notice dated 26.04.2023, admitted and marked in evidence.
Reference:
Ext.A3
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Reply notice dated 15.05.2023, admitted and marked in evidence.
Reference:
Ext.A4
Document Type: Rejoinder Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of rejoinder lawyer's notice dated 23.05.2023, admitted and marked in evidence.
Reference:
Ext.A5
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Unrebutted oral testimony of PW1 established the petitioners' case.
Reference:

Case Classification

Case Type
Rent Control
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dr. M.N Subramanian et al vs M/s Su @ Park Institutions Pvt Ltd et al regarding Rent Control
Case Code Year
Case between Dr. M.N Subramanian et al vs M/s Su @ Park Institutions Pvt Ltd et al regarding Rent Control

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
100%

Involved Entities

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