Case Summary
The plaintiffs, Infant Jesus Church and others, are seeking eviction and arrears of rent from the defendant, P. Vijayaraghavan. The church claims the defendant has defaulted on rent payments since February 2018 and has not vacated the premises despite notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender vacant possession of plaint schedule building and plaintiffs are entitled to realize Rs.3,035/- as damages for use and occupation.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court determined that proper notice for termination of the tenancy was served and the defendant remained in possession unlawfully.
The court determined that proper notice for termination of the tenancy was served and the defendant remained in possession unlawfully.
Judgment Evidence:
In the result, Defendant is hereby directed to surrender vacant possession of plaint schedule building. Plaintiff is entitled to realize Rs. Rs.3,035/- (Rupees Three thousand thirty five only) as damages for use and occupation of plaint schedule building from date of 16.04.2019 till obtaining vacant possession of the property and with 6% interest per annum from defendant and from his assets.
Parties Involved
Plaintiffs
Infant Jesus Church (Age not specified years)
Parochial House, Infant Jesus Church, High Court Road, Ernakulam
Peter Pereira (64 years)
58/700, Old Railway Station Road, Kochi – 18
Henry Austin Junior (43 years)
42/2222(2), Kurisady, Old Railway Station Road, Kochi – 18
Defendants
P. Vijayaraghavan (61 years)
Room No.34, Door No.40/6307, C-14, 2nd floor of Infant Jesus Building, High Court View, High Court Road, Kochi – 31
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The plaintiff sought eviction of the defendant from the plaint schedule building.
Evidence:
Defendant is hereby directed to surrender vacant possession of plaint schedule building.
Relief Type:
Damages
Outcome:
Partly Granted
Description:
The plaintiff claimed damages for use and occupation of the premises.
Evidence:
Plaintiff is entitled to realize Rs. 3,035/- as damages for use and occupation.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate that the tenancy was legally terminated.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This served as proof that the defendant received the notice for termination of the lease.
Reference:
Ext.A2
Document Type:
Certified Copy of Lease Deed
Submitted By:
Plaintiff
Relevance:
It was referenced to show the terms of the lease and the termination clause.
Reference:
Ext.A20
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
This was presented to counter the defendant's argument regarding res judicata.
Reference:
Ext.A21
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
This was also used to support the plaintiff's position against claims of res judicata.
Reference:
Ext.A22
Document Type:
Certified Copy of Rental Agreement
Submitted By:
Plaintiff
Relevance:
This document was essential to substantiate the claims surrounding the rental agreement.
Reference:
Ext.A20
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
It was used to show the receipt of arrears of rent and clarify the financial details.
Reference:
Ext.A13
Document Type:
Printout from Official Website
Submitted By:
Plaintiff
Relevance:
This was utilized to establish the minority status of the plaintiff Church.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Defendant
Relevance:
This was used to demonstrate the defendant's communication regarding the rent.
Reference:
Ext.B1
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Referenced to reject the payment of rent as claimed by the plaintiff.
Reference:
Ext.B2