Case Summary
John P. Koshy, the petitioner, filed a petition against Muniswami Arunachalam for non-compliance of rent payment as per the Kerala Buildings (Lease and Rent Control) Act. The petitioner seeks to obtain vacant possession of the property due to the respondent's failure to pay the due rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ordered the respondent to put the petitioner in vacant possession of the building forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to put the petitioner in vacant possession of the building due to failure to comply with previous rent payment orders. The proceedings in the rent control petition are closed.
Why Plaintiff Won:
The respondent failed to comply with the court order to pay the admitted rent arrears.
The respondent failed to comply with the court order to pay the admitted rent arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the court order to pay the admitted rent arrears.
The respondent failed to comply with the court order to pay the admitted rent arrears.
Supporting Evidence
The respondent having failed to comply with the order in IA 2/2025 and having failed to show sufficient cause for not depositing rent arrears is liable to suffer consequence under section 12(3) of the Act.
Judgment Evidence:
Hence an order is passed under section 12(3) of the Act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building forthwith.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- John P. Koshy
- Party Age
- 72
- Relation
- S/o late P.J. Koshy
- Party Role
- Defendant
- Party Name
- Muniswami Arunachalam
- Party Age
- 49
- Relation
- W/o Suresh Ram P.A
Plaintiffs Documents
Affidavit of non-compliance of the order by the respondent
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Philip T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thomas T. Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Achu Shubha Abraham
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rineesha Rajkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Urmila M.G
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Maria Angel
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Yamin A Muhammed
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neha Susan Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama Balachandran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hebsa Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. B. Pradeep
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The court directed the respondent to put the petitioner in vacant possession of the building forthwith.
Evidence:
Hence an order is passed under section 12(3) of the Act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building forthwith.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between John P. Koshy vs Muniswami Arunachalam regarding rent arrears
Case Code Year
Case between John P. Koshy vs Muniswami Arunachalam regarding rent arrears