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
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.
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
Plaintiffs
Infant Jesus Church (Age not specified years)
Parochial house, Infant Jesus church, High court road, Ernakulam
Peter Pereira (64 years years)
58/700, Old Railway Station road, Kochi – 18
Henry Austin Junior (43 years years)
42/2222(2), Kurisady, old Railway station road, Kochi – 18
Joseph D Silva (43 years years)
Azhikothuparambu, Banerjee road, Kochi – 682 035
Aubrey Herbert Rodrigues (57 years years)
9/637-A, Divine Nagar, South Chittoor, Ernakulam – 682 027
Defendants
Southern Law Chambers (Age not specified years)
building no. 65/3913, 2nd floor, Infant Jesus building no. 4, High Court road, Kochi – 682 031
V.N.Haridas (50 years years)
Building no. 65/3913, 2nd floor, Infant Jesus building no.4, High Court road, Kochi – 682 031
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