Case Summary
The plaintiffs, led by the Infant Jesus Church, are seeking eviction of the defendants, Southern Law Chambers and V.N. Haridas, due to non-payment of rent since December 2018. The plaintiffs allege they are entitled to recover a significant amount in arrears of rent and damages.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise 71,550/- towards arrears of rent and damages for use and occupation as specified in the judgment.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs for the recovery of arrears of rent and granted damages for use and occupation, confirming the plaintiffs' entitlement to reclaim possession of the plaint schedule building.
Why Plaintiff Won:
The plaintiffs successfully demonstrated their ownership of the building and the defendants' failure to pay rent, leading to the court upholding their claims.
The plaintiffs successfully demonstrated their ownership of the building and the defendants' failure to pay rent, leading to the court upholding their claims.
Losing Side's Weaknesses:
The plaintiffs successfully demonstrated their ownership of the building and the defendants' failure to pay rent, leading to the court upholding their claims.
The plaintiffs successfully demonstrated their ownership of the building and the defendants' failure to pay rent, leading to the court upholding their claims.
Supporting Evidence
The first plaintiff is the owner of plaint A schedule building which the first defendant firm has taken out on lease as per Exhibit A1 lease agreement...
Judgment Evidence:
In the result, the suit is decreed in part as follows. Plaintiff is entitled to realise 71,550/- towards arrears of rent from 01.1.2019 to 31/03/2019...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Infant Jesus Church
- Relation
- represented by its Parish Priest Rev. Msgr.Sebastian Luiz
- Party Role
- Plaintiff
- Party Name
- Peter Pereira
- Party Age
- 64
- Relation
- S/o Robert Pereira
- Party Role
- Plaintiff
- Party Name
- Henry Austin Junior
- Party Age
- 43
- Relation
- S/o Gilbert
- Party Role
- Plaintiff
- Party Name
- Joseph D Silva
- Party Age
- 43
- Relation
- S/o Istheve D Silva
- Party Role
- Plaintiff
- Party Name
- Aubrey Herbert Rodrigues
- Party Age
- 57
- Relation
- S/o Antony Rodrigues
- Party Role
- Defendant
- Party Name
- Southern Law Chambers
- Relation
- represented by Partner
- Party Role
- Defendant
- Party Name
- V.N.Haridas
- Party Age
- 50
- Relation
- Partner Southern Law Chambers
Plaintiffs Documents
Rental agreement dated 12.08.02, Copy of the lawyer notice issued to the defendants, Reply notice issued by the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.L.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sareena George
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Soman P Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Yash Thomas Mannully
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 71,550 towards arrears of rent.
Evidence:
Plaintiff is entitled to realise 71,550/- towards arrears of rent from 01.1.2019 to 31/03/2019.
Relief Type:
Damages
Outcome:
Partly Granted
Description:
Plaintiff is entitled to damages for use and occupation at graduated rates for different periods.
Evidence:
Plaintiffs are entitled for damages for use and occupation @ at 40,000/- per month from the date of the suit which is on 12/4/2019 till 12/4/2020, at the rate of 45,000/- per month from 12/4/2020 till 12/4/2021, at the rate of 50,000/- per month from 12/4/2021 till 12/4/2022, at the rate of 55,000/- per month from 12/4/2022 till 12/4/2023 and at the rate of Rs. 60,000/- per month from 12/4/2023 till 14/02/2023.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are entitled for set-off of Rs. 2,00,000 being the amount paid as security deposit.
Evidence:
Defendants are entitled for set-off of 2,00,000/- being the amount paid as security deposit, from the amount due towards the plaintiff from the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize the costs of the suit from the defendants including the penalty for insufficient stamp duty.
Evidence:
Plaintiffs are entitled to realize the costs of the suit from the defendants including the 4,33,650/- being the costs paid as penalty for adducing Ext A1 in evidence.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Proves the terms and conditions of the tenancy and the agreement between the first plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Copy of the lawyer notice issued to the defendants
Submitted By:
Plaintiff
Relevance:
Notification of termination of tenancy and demand for surrender of the property.
Reference:
Ext.A2
Document Type:
Acknowledgment card signed by the 2nd defendant
Submitted By:
Plaintiff
Relevance:
Proof of receipt of lawyer notice by the 2nd defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card signed for and on behalf of the 1st defendant
Submitted By:
Plaintiff
Relevance:
Proof of receipt of lawyer notice by the 1st defendant.
Reference:
Ext.A5
Document Type:
Crossed cheque
Submitted By:
Plaintiff
Relevance:
Evidence of attempts made by the defendant to pay the rent which was refused.
Reference:
Ext.A10
Document Type:
Crossed cheque
Submitted By:
Plaintiff
Relevance:
Further evidence of attempts made by the defendant to pay the rent which was rejected.
Reference:
Ext.A11
Document Type:
Registered Lease Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates rental value in the vicinity, relevant for determining damages for use and occupation.
Reference:
Ext.A13
Document Type:
Building Certificate
Submitted By:
Court
Relevance:
Official confirmation of the property status and details needed during the case.
Reference:
Ext.X1
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 Southern Law Chambers et al regarding eviction, arrears of rent and damages.
Case Code Year
Case between Infant Jesus Church et al vs Southern Law Chambers et al regarding eviction, arrears of rent and damages.