R.C.P. No. 96/2023

Case between Hashim N.M. vs N.C. Abdul Salim regarding rent control petition

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

SMT. REEJA R. NAIR.

Order Date

2024-08-19

Duration

approximately-1 year 1 month

Case Closed

Judgement document from eCourt website

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Case Summary

The petitioner, Hashim N.M., filed a rent control petition against the respondent, N.C. Abdul Salim, for non-compliance with a previous order regarding rent arrears. The court addressed the failure of the respondent to comply with the order to deposit the rent, leading to the dismissal of the petition.

Judgment Outcome

Plaintiff Won

Interim Order

The court found that the respondent failed to comply with the rent order and consequently ordered the stoppage of further proceedings, granting possession of the property to the petitioner.

Judgment Favored

Plaintiff

Relief Granted

Directed the respondent to put the petitioner in vacant possession of the building.

Case Type

Rent Control Petition

Final Judgment

The court found that the respondent failed to comply with the rent order and consequently ordered the stoppage of further proceedings, granting possession of the property to the petitioner.

Why Plaintiff Won:
The respondent did not comply with the court order for payment of rent.

Losing Side's Weaknesses:
The respondent did not comply with the court order for payment of rent.

Supporting Evidence

The tenant becomes fully aware that unless sufficient cause has been shown for default committed, the consequence of stoppage of the proceedings and direction to put the landlord in possession would follow automatically.

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.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Hashim N.M.
Party Age: 57
Relation: S/o

Party Role: Defendant
Party Name: N.C. Abdul Salim
Party Age: 56
Relation: S/o.

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Unise Mohamed Kunju
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Basil Chandy Vavachan
Appearance Type: Main Counsel

Reliefs

Relief Type: Possession

Outcome: Granted

Description:

Respondent is directed to put the petitioner in vacant possession of the building.

Evidence:

Documents & Evidence

Case Classification