Case Summary
E.K. Antony, the petitioner, is seeking compliance of a rent payment order against the respondent, T.C. Subramanyan. The court found that the respondent failed to comply with the previous order and directed him to vacate the premises.
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 ordered the respondent to vacate the premises due to non-compliance with the previous rent payment order.
Why Plaintiff Won:
The respondent failed to comply with the court's order regarding rent payment.
The respondent failed to comply with the court's order regarding rent payment.
Losing Side's Weaknesses:
The respondent failed to comply with the court's order regarding rent payment.
The respondent failed to comply with the court's order regarding rent payment.
Supporting Evidence
The full bench of the Hon’ble High court in Shaji M v. SNDP Sakhayogam 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 forthwith.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E.K. Antony
- Party Age
- 85
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.C. Subramanyan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.T. Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashitha S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasankar S.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Althaf P.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abey Augustine
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Preetha K.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aneesh K.R.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Saurav B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing 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
Non-payment of rent
Case Code
Case between E.K. Antony vs T.C. Subramanyan regarding rent control
Case Code Year
Case between E.K. Antony vs T.C. Subramanyan regarding rent control