Case Summary
This case involves Infant Jesus Church as the plaintiff seeking eviction of Haseetha Venugopal due to defaults on rent payments. The plaintiffs claim the defendant owes significant arrears and additional damages for use and occupation post-termination of tenancy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of vacant possession of the plaint schedule room and arrears of rent from 01.01.2023 to 28/02/2023 at the rate of Rs. 22,507/- per month.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in part, granting the plaintiffs the right to recover vacant possession of the plaint schedule room and confirming arrears of rent and interest owed by the defendant.
Why Plaintiff Won:
The plaintiffs were found to have proper legal standing and jurisdiction to file the suit, with documented evidence supporting their claim.
The plaintiffs were found to have proper legal standing and jurisdiction to file the suit, with documented evidence supporting their claim.
Losing Side's Weaknesses:
The plaintiffs were found to have proper legal standing and jurisdiction to file the suit, with documented evidence supporting their claim.
The plaintiffs were found to have proper legal standing and jurisdiction to file the suit, with documented evidence supporting their claim.
Supporting Evidence
The plaintiffs' claim was supported by the rental agreement and evidence of the rent due, which the defendant did not dispute.
Judgment Evidence:
In the result, the suit is decreed in part as follows: 1) The plaintiff is entitled to get for the relief of recovery of vacant possession of the plaint schedule room. 2) Plaintiff is entitled to realize arrears of rent from 01.1.2023 to 28/02/2023 at the rate of Rs. 22,507/- per month.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Infant Jesus Church
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Deglus Pinheiro alias Douglas
- Party Age
- 53
- Relation
- S/o late Joseph Pinheiro
- Party Role
- Plaintiff
- Party Name
- Peter Perera
- Party Age
- 64
- Relation
- S/o Robert Perera
- Party Role
- Plaintiff
- Party Name
- Henry Austin Junior
- Party Age
- 43
- Relation
- S/o Gilbert
- Party Role
- Defendant
- Party Name
- Haseetha Venugopal
- Party Age
- 59
- Relation
- W/o late Venugopal
Plaintiffs Documents
Lawyer notice dated 15.02.23, Acknowledgment cards of lawyer notices, Rent agreement dated 09.08.2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.L.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sareena George P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sreekanth S Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sandeep P Johnson
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Relief for recovery of vacant possession of the plaint schedule room.
Evidence:
The plaintiffs are entitled to get for the relief of recovery of vacant possession of the plaint schedule room.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Plaintiffs are entitled to realize arrears of rent from January 2023 to February 2023.
Evidence:
Plaintiffs are entitled to realize arrears of rent from 01.1.2023 to 28/02/2023 at the rate of Rs. 22,507/- per month.
Relief Type:
Damages
Outcome:
Not Decided
Description:
Plaintiffs sought damages for use and occupation post-termination.
Evidence:
Plaintiffs are not pressing for relief ‘D’ sought in the plaint which is one pertaining to damages for use and occupation at the rate of Rs. 49,552/- per month with interest at 12% from the date of suit till the date on which vacant possession is delivered to the plaintiffs.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on arrears of rent for the months of January and February.
Evidence:
Plaintiffs are entitled for interest on arrears of rent for the month of January at 12% per annum from 1st February 2023 till the date of the suit and arrear of rent for the month of February at 12% per annum from 1st March 2023 till the date of the suit.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to recover costs of the suit from the defendants.
Evidence:
Therefore, I’m of the view that the plaintiff is entitled to realize the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was issued to the defendant, terminating the tenancy and demanding arrears of rent.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of receipt of the lawyer notice signed by the defendant at their house address.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of receipt of the lawyer notice signed by the defendant at their hotel address.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the lease agreement between the plaintiff and the defendant, including rental amounts and conditions.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Infant Jesus Church et al vs Haseetha Venugopal regarding eviction and arrears of rent
Case Code Year
Case between Infant Jesus Church et al vs Haseetha Venugopal regarding eviction and arrears of rent