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O.S. No. 597 /2019

Case between Infant Jesus Church et al vs P. Vijayaraghavan regarding eviction and arrears of rent

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Needi.K. Dinamany.
Order Date
2024-07-27
Duration
approximately-5 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs, ordering the eviction of the defendant and recovery of monthly damages for use and occupation.
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
The court found in favor of the plaintiffs, ordering the eviction of the defendant and recovery of monthly damages for use and occupation.
Why Plaintiff Won:
The court determined that proper notice for termination of the tenancy was served and the defendant remained in possession unlawfully.
Losing Side's Weaknesses:
The court determined that proper notice for termination of the tenancy was served and the defendant remained in possession unlawfully.
Supporting Evidence
After the expiry of 15 days from the date of receipt of Ext A1, it can be considered that the lease agreement between the parties is terminated. Therefore, after issuance of quit notice, the tenancy can be terminated and thereafter the status of the tenant is that of a tenant at sufferance.

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

Parties

Party Role
Plaintiff
Party Name
Infant Jesus Church
Party Role
Plaintiff
Party Name
Peter Pereira
Party Age
64
Relation
S/o
Party Role
Plaintiff
Party Name
Henry Austin Junior
Party Age
43
Relation
S/o
Party Role
Defendant
Party Name
P. Vijayaraghavan
Party Age
61
Relation
S/o
Plaintiffs Documents
Copy of lawyer notice dated 04.03.2019; Acknowledgment Card signed by the defendant; Certified copy of rental agreement executed between the plaintiff and the defendant.
Defendants Documents
Letter issued by the plaintiff to the defendant; Lawyer notice issued to the defendant on behalf of the plaintiff.

Advocates

Party Role
Plaintiff
Advocate Name
K.L Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sareena George.D
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Abraham John
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Eviction
Case Code
Case between Infant Jesus Church et al vs P. Vijayaraghavan regarding eviction and arrears of rent
Case Code Year
Case between Infant Jesus Church et al vs P. Vijayaraghavan regarding eviction and arrears of rent

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 04/02/2019 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Church

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